Appellate Division of the Supreme Court of New York, 1946

Bianco v. Motor Haulage Co.

Bianco v. Motor Haulage Co.
Appellate Division of the Supreme Court of New York · Decided April 8, 1946
270 A.D. 898; 62 N.Y.S.2d 165; 1946 N.Y. App. Div. LEXIS 4547
Bianco v. Motor Haulage Co.

Opinion of the Court

In a negligence action to recover damages for personal injuries, defendant appeals from a judgment in favor of the plaintiff, entered upon the verdict of a jury. Judgment affirmed, with costs. No opinion. Lewis, P. J., Johnston and Aldrich, JJ., concur; Adel and Nolan, JJ., dissent and vote to reverese the judgment and to grant a new trial on the ground that the finding implicit in the verdict that the plaintiff was free from contributory negligence is against the weight of the evidence.

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