Appellate Division of the Supreme Court of New York, 1917

Cangimila v. E. W. Edwards & Son

Cangimila v. E. W. Edwards & Son
Appellate Division of the Supreme Court of New York · Decided December 15, 1917
181 A.D. 968
Cangimila v. E. W. Edwards & Son

Opinion of the Court

Judgment of County Court reversed and judgment of Municipal Court affirmed, with costs to plaintiff in this court and in the County Court. Held, that the presumption of negligence on the part of defendant arising from the nature of the accident was not so met by evidence in favor of defendant as to have required the trial court to hold as matter of law that the plaintiff could not recover and we do not think the decision of the trial court was against the weight of the evidence. All concurred.

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