Appellate Division of the Supreme Court of New York, 1938

Finster v. Buffalo Gravel Corp.

Finster v. Buffalo Gravel Corp.
Appellate Division of the Supreme Court of New York · Decided March 25, 1938
254 A.D. 645; 4 N.Y.S.2d 176; 1938 N.Y. App. Div. LEXIS 6863
Finster v. Buffalo Gravel Corp.

Opinion of the Court

Judgment reversed on the facts and a new trial granted, with costs to the appellants to abide the event on the ground that the finding of the jury on both the question of negligence of the defendants and freedom from contributory negligence of the plaintiff was against the weight of the evidence. All concur. (The judgment is for plaintiff in an automobile negligence action.) Present — Sears, P. J., Crosby, Cunningham, Taylor and Dowling, JJ.

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