Appellate Division of the Supreme Court of New York, 1914

Craprizzio v. Central New England R. Co.

Appellate Division of the Supreme Court of New York · Decided June 19, 1914 · Ingraham

148 N.Y.S. 1111 (New York Supplement)

Counsel

J. W. Carpenter, of Brooklyn, for appellant., Frederick Hemley, of New York City, for respondent.

Opinion of the Court

PER CURIAM.

We think the finding of the jury that the defendant was negligent and that the plaintiff was free from contributory negligence was against the weight of evidence. The judgment and order appealed from are therefore reversed, and a new trial ordered, with costs to appellant to abide the event.

Concurring Opinion

INGRAHAM, P. J.,

concurs in the reversal, upon the ground that the evidence is insufficient to justify the finding of the jury that the defendant was guilty of negligence.

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