Appellate Division of the Supreme Court of New York, 1938

Freeman v. Town of Westfield

Freeman v. Town of Westfield
Appellate Division of the Supreme Court of New York · Decided March 23, 1938
254 A.D. 642; 4 N.Y.S.2d 172; 1938 N.Y. App. Div. LEXIS 6843
Freeman v. Town of Westfield

Opinion of the Court

Judgment and order reversed on the facts and a new trial granted, with costs to the appellant to abide the event, on the ground that the finding of negligence on the part of the defendant was against the weight of the evidence. All concur. (The judgment is for plaintiff in an action for damages for the death of a horse caused by negligence in the maintenance of a road. The order denies a motion for a new trial.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Dowling, JJ.

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