Appellate Division of the Supreme Court of New York, 1915

Boyle v. George A. Fuller Co.

Boyle v. George A. Fuller Co.
Appellate Division of the Supreme Court of New York · Decided February 15, 1915
167 A.D. 893
Boyle v. George A. Fuller Co.

Opinion of the Court

Per Curiam:

We do not think that the placing and maintenance of the uncovered pipe upon the floor was the proximate cause of the injury to the plaintiff, and, therefore, the finding of the jury that the defendant’s negligence caused the plaintiff’s injury was without evidence to sustain it. The judgment and order must be reversed and a new trial ordered, with costs to appellant to abide the event. Present — Ingraham, P. J., McLaughlin, Scott, Dowling and Hotchkiss, JJ. Judgment and order reversed, new trial ordered, costs to appellant to abide event.

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