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McCarthy v. Union-Sun Co.

123 A.D. 912 Court N.Y. App. Div. English

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p. 912
Florence McCarthy, an Infant, by Michael McCarthy, Her Guardian ad Litem, Respondent, v. The Union-Sun Company, Appellant.

Judgment and order reversed and new trial ordered,-' with costs to. appellant to abide the -event. Held, that the finding of the jury that the defendant was guilty of negligence and that the plaintiff was free from contributory negligence was contrary to and against tlis weight of the evidence. ' All concurred, except Spring and Kruse,. JJ., who dissented and voted.for affirmance.