Appellate Division of the Supreme Court of New York, 1948

Tice v. Oppenheim Collins & Co.

Tice v. Oppenheim Collins & Co.
Appellate Division of the Supreme Court of New York · Decided November 18, 1948
274 A.D. 970; 85 N.Y.S.2d 893; 1948 N.Y. App. Div. LEXIS 4290
Tice v. Oppenheim Collins & Co.

Opinion of the Court

Judgment and order reversed on the law, with costs, and complaint dismissed, with costs, on the ground that the evidence does not sustain the findings of the jury as to the negligence of the defendant and contributory negligence of the plaintiff. All concur, except Larkin, J., who dissents and votes for affirmance. (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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