Appellate Division of the Supreme Court of New York, 1914

Sullivan v. City of Syracuse

Sullivan v. City of Syracuse
Appellate Division of the Supreme Court of New York · Decided November 25, 1914
150 N.Y.S. 1113 (New York Supplement)
Sullivan v. City of Syracuse

Opinion of the Court

PER CURIAM.

Judgment and order affirmed, with costs.

MERRELL, J., dissents upon the grounds, first, that the work in which the plaintiff was engaged was the performance of a governmental function, and not such as to render the defendant liable for the negligence complained of. or to bring the defendant within the provisions of the Labor Law (Consol. Laws, c. 31); and, second, that in any event the verdict is against the weight of the evidence.

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