Appellate Division of the Supreme Court of New York, 1940

Woodruff v. Sinclair Refining Co.

Woodruff v. Sinclair Refining Co.
Appellate Division of the Supreme Court of New York · Decided March 13, 1940
259 A.D. 788; 19 N.Y.S.2d 766; 1940 N.Y. App. Div. LEXIS 6649
Woodruff v. Sinclair Refining Co.

Opinion of the Court

Order affirmed, with ten dollars costs and disbursements to the respondent to abide the event. Memorandum: We affirm the order in the interest of substantial justice and not for the reasons stated in the decision of the Special Term. All concur. (The order sets aside the verdict of a jury in favor of plaintiff and grants a new trial in an action for damages for personal injuries sustained by (-reason of falling into an unguarded pit in a gasoline station.) Present —■ Crosby, P. J., Cunningham, Taylor, Harris and MeCum, JJ.

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