Appellate Division of the Supreme Court of New York, 1938

Wassink v. Toner

Wassink v. Toner
Appellate Division of the Supreme Court of New York · Decided May 18, 1938
254 A.D. 817; 6 N.Y.S.2d 151
Wassink v. Toner

Opinion of the Court

Judgment and order affirmed, with costs. All concur, except Crosby, J., who dissents and votes for reversal on the facts and for granting a new trial, on the ground that the findings both as to negligence and contributory negligence are against the weight of the evidence. (The judgment is for plaintiff in an automobile negligence action. The order denies a motion for a new trial.) Present — Crosby, Lewis, Cunningham, Taylor and Dowling, JJ.

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