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Toms v. Town of Newfane

155 A.D. 881 Court N.Y. App. Div. English

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Majority

p. 881
Imo W. Toms, Respondent, v. Town of Newfane, Niagara County, N. Y., Appellant.

— Judgment and order reversed and new trial granted, with costs to appellant to abide event. Held, that the evidence fails to establish actionable negligence against the defendant. A11 concurred, except Kruse, J.t who dissented.