McGurkian v. Thomas J. Buckley Construction Co.

It is entirely clear from the evidence in this case that the jury were not justified in finding that the defendant was negligent or that the plaintiff was free from contributory negligence. The judgment and order appealed from must, therefore, be reversed, with costs, and the complaint dismissed. Present—Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ. Judgment and order reversed, with costs, and complaint dismissed. Order to be settled on notice.