Appellate Division of the Supreme Court of New York, 1938

Hannan v. Antwig, Inc.

Hannan v. Antwig, Inc.
Appellate Division of the Supreme Court of New York · Decided June 17, 1938
254 A.D. 840; 6 N.Y.S.2d 335; 1938 N.Y. App. Div. LEXIS 7887
Hannan v. Antwig, Inc.

Opinion of the Court

Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event. Over exception the court charged the jury that they *841might find that plaintiff slipped on the sidewalk. There was no testimony to support such a finding of fact. The error was substantial. In addition the verdict was against the weight of the evidence. Present — O’Malley, Townley, Glennon, Cohn and Callahan, JJ.

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