Appellate Division of the Supreme Court of New York, 1929

Claim of Dowling v. Church E. Gates & Co.

Claim of Dowling v. Church E. Gates & Co.
Appellate Division of the Supreme Court of New York · Decided September 15, 1929
227 A.D. 679
Claim of Dowling v. Church E. Gates & Co.

Opinion of the Court

—Award modified by reducing it to a loss of one hundred per cent of the right foot, and as so modified affirmed, without costs, on the authority of Matter of Stein v. Topol (217 App. Div. 797); Matter of Tannebaum v. Estate of Baudouine (218 id. 792); Matter of Murray v. Consolidated Telegraph & Elec. Subway Co. (221 id. 811). Van Kirk, P. J., Hinman and Whitmyer, JJ., concur; Davis and Hill, JJ., dissent as to the modification and vote for affirmance.

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