← Cases

Sullivan v. Alton

126 A.D. 941 Court N.Y. App. Div. English

Contents

Majority

p. 941
Leo Clinton Sullivan, an Infant, by Jane Sullivan, His Guardian ad Litem, Respondent, v. Lee T. Alton, Doing Business under the Firm Name and Style of Alton Manufacturing Company, Appellant.

Headnote

Appeal from a judgment and order denying the defendant’s motion for a new trial.’

Upon the evidence it appears that the negligence complained of, if any there was, was that of the foreman or other employees of the Morthern Light Company, and not of this defendant individually, and that in this respect the verdict of the jury is against the weight of evidence. The judgment and order must be reversed and a new trial ordered, with costs to the appellant to abide the event. Present — Ingraham, McLaughlin, Clarke, Houghton and Scott, JJ. Judgment and order reversed, new trial ordered, costs to appellant to abide event.