Appellate Division of the Supreme Court of New York, 1948

Young v. New York State Electric & Gas Corp.

Young v. New York State Electric & Gas Corp.
Appellate Division of the Supreme Court of New York · Decided March 17, 1948
273 A.D. 939; 78 N.Y.S.2d 557; 1948 N.Y. App. Div. LEXIS 5354
Young v. New York State Electric & Gas Corp.

Opinion of the Court

Judgment and order affirmed, with costs. All concur, except Larkin, J., not voting, and Vaughan, J., who dissents and votes for reversal and for dismissal of the complaint on the ground that the plaintiff has failed to establish any actionable negligence on the part of defendants and that it affirmatively appears that the decedent was guilty of contributory negligence. (The judgment is for plaintiff in a negligence action. The order denies a motion for a new trial.) Present — Taylor, P. J., Larkin, Love, Vaughan and Kimball, JJ.

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