Appellate Division of the Supreme Court of New York, 1944

Hand v. Delaware, Lackawanna & Western Railroad

Hand v. Delaware, Lackawanna & Western Railroad
Appellate Division of the Supreme Court of New York · Decided May 10, 1944
267 A.D. 1037; 50 N.Y.S.2d 152; 1944 N.Y. App. Div. LEXIS 6129
Hand v. Delaware, Lackawanna & Western Railroad

Opinion of the Court

Judgment and order affirmed, with costs. All concur, except Taylor, J., who dissents and votes for reversal and for granting a new trial on the ground that the finding that plaintiff was free from contributory negligence is against the weight of the evidence; and Larkin, J., not voting. (The judgment is for plaintiff in an action for damages for personal injuries and for property damage to plaintiff’s truck. The order denies a motion for a new trial.) Present — Cunning-ham, P. J., Taylor, - Dowling, McCum and Larkin, JJ.

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