Appellate Division of the Supreme Court of New York, 1916

Markert v. Long Island Railroad

Markert v. Long Island Railroad
Appellate Division of the Supreme Court of New York · Decided December 1, 1916
175 A.D. 472; 161 N.Y.S. 930; 1916 N.Y. App. Div. LEXIS 8330

Counsel

John J. Graham, for the appellant., Jeremiah A. O’Leary, for the respondent

Markert v. Long Island Railroad

Opinion of the Court

Per Curiam:

We are of opinion that the verdict is against the weight of evidence. The judgment and order are, therefore, reversed and a new trial ordered, with costs to the appellant to abide the ' event.

Present — Clarke, P. J., McLaughlin, Laughlin, Dowling and Page, JJ.; Dowling and Page, JJ., dissented and voted for affirmance.

Judgment and order reversed and new trial ordered, with costs to appellant to abide event.

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