Appellate Division of the Supreme Court of New York, 1915

Conoscenti v. Holbrook, Cabot & Rollins Cop.

Conoscenti v. Holbrook, Cabot & Rollins Cop.
Appellate Division of the Supreme Court of New York · Decided June 25, 1915 · Ingraham, McLaughlin
154 N.Y.S. 1116 (New York Supplement)
Conoscenti v. Holbrook, Cabot & Rollins Cop.

Dissenting Opinion

INGRAHAM, P. J., and McLAUGHLIN, J.,

dissent upon the ground that there was no evidence to sustain a finding that the defendant was negligent or that the decedent was free from contributory negligence, but the testimony expressly shows that the accident was caused by a violation of the rules established for the protection of defendant’s employés and by an occurrence which the defendant could not have anticipated. ,

Opinion of the Court

PER CURIAM.

Judgment and order affirmed, with costs. Order filed.

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