Hyperlawhypertext legal database Dobek v. Austro-American Steamship Co. 153 A.D. 887

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Dobek v. Austro-American Steamship Co.

153 A.D. 887 Court N.Y. App. Div. English

Contents

Majority

p. 887
Ferdinand Dobek, Respondent, v. Austro-American Steamship Company (Limited), Appellant.

Headnote

Appeal from a judgment of the Supreme Court, entered on the 6th day of February, 9113, on the verdict of a jury, and from an order entered on the 5th day of February, 1913, denying a motion for a new trial.

The finding that the plaintiff was assaulted or unjusti-

fiably imprisoned by the defendant is against the weight of evidence. The judgment and order appealed from should be reversed, and a new trial ordered, with costs to appellant to abide the event. Present — Ingraham, P. J., Laughlin, Clarke, Scott and Miller, JJ. Judgment and order reversed, new trial ordered, costs to appellant to abide event. Order to be settled on notice.