Korngut v. Nassau Newspaper Delivery Express Co.

Majority

p. 886

Samuel Korngut, Respondent, v. Nassau Newspaper Delivery Express Company, Appellant.

Headnote

Appeal from a judgment of the Supreme Court, entered in the New York county clerk’s office on the 30th day of April, 1912, upon the verdict of a jury and from an order entered on the same day denying a motion for a new trial.

The judgment and order appealed from should be reversed ’and a new trial ordered, with costs to the appellant to abide the event, on the ground that there is no evidence to establish the vicious tendency of the horse; and also for error in admitting evidence óf a statement of an unidentified person not shown to have had any knowledge on the subject. Present — Ingraham, P. J., McLaughlin, Clarke, Scott, and Dowling, JJ. Judgment and order reversed, new trial ordered, costs to appellant to abide event. Order to be settled on notice.