Buzzeo v. Canavan Bros. — 154 A.D. 881

Majority

p. 881

First Department,

December, 1912.

Pasquale Buzzeo, Appellant, v. Canavan Brothers Company, Respondent.

Headnote

Appeal from a judgment of the Supreme Court, entered in the Mew York county clerk’s office on the 16th day of January, 1912, dismissing the complaint at the close of the case in an action to recover damages for personal in j mies.

We think that disputed questions of fact are presented by this record which required submission of the issues to the jury. The dismissal of the complaint, therefore, was error. The judgment appealed from should, therefore, be reversed and a new trial ordered, with costs and disbursements to the appellant to abide the event. Present — Ingraham, P. J., Laughlin, Clarke, Scott and Miller, JJ. Judgment reversed, new trial ordered, costs to appellant to abide event. Order to be settled on notice. _