Appellate Division of the Supreme Court of New York, 1935

Wilson v. Simpson

Wilson v. Simpson
Appellate Division of the Supreme Court of New York · Decided April 15, 1935
244 A.D. 759
Wilson v. Simpson

Opinion of the Court

— Judgments reversed on the law and facts and complaint dismissed, with costs in all courts to the appellants. Memorandum. The record presents nothing to support a finding that defendant failed in any duty which it owed to plaintiff and the finding of plaintiff’s freedom from contributory negligence is contrary to the evidence. (Hudson v. Church of Holy Trinity, 250 N. Y. 513.) All concur. (The judgment was for plaintiff in a negligence action.) Present—Sears, P. J., Taylor, Edgeomb, Thompson and Lewis, JJ.

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