Appellate Division of the Supreme Court of New York, 1975

Walsh v. Gahagan Dredging Corp.

Walsh v. Gahagan Dredging Corp.
Appellate Division of the Supreme Court of New York · Decided November 13, 1975
50 A.D.2d 535; 375 N.Y.S.2d 1016; 1975 N.Y. App. Div. LEXIS 12256
Walsh v. Gahagan Dredging Corp.

Opinion of the Court

Judgment, Supreme Court, New York County, entered April 2, 1974, in favor of defendants after a jury trial, unanimously affirmed, without costs and without disbursements. The question of fact regarding the happening of the accident was for the jury and there is ample in the record to sustain that finding. The conduct of the trial did not deprive plaintiff of a fair trial and any error in the charge was harmless when considered in its totality. Concur — Markewich, J. P., Kupferman, Murphy, Nunez and Yesawich, JJ.

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