Appellate Division of the Supreme Court of New York, 1935

Kennedy v. Union Agricultural Society

Kennedy v. Union Agricultural Society
Appellate Division of the Supreme Court of New York · Decided May 15, 1935
244 A.D. 879
Kennedy v. Union Agricultural Society

Opinion of the Court

—Judgment affirmed, with costs. All concur, except Crosby, J., who dissents and votes for reversal on the law and facts and for granting a new trial on the ground that the finding of the jury that the plaintiff was free from contributory negligence was contrary to and against the weight of the evidence and on the further ground that the finding of the jury that the defendant was negligent was contrary to and *880against the weight of tho evidence. (The judgment is for damages for personal injuries sustained by being run down by a horse returning from a race.) Present ■— Sears, P. J., Edgeomb, Thompson, Crosby and Lewis, JJ.

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