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Kelly v. City of New York

155 A.D. 886 Court N.Y. App. Div. English

Contents

Majority

p. 886
Ellen E. Kelly, Respondent, v. The City of New York, Appellant.

Headnote

Appeal from a judgment of the Supreme Court, entered in the New York county clerk’s office on the 6th day of June, 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 appellant to abide the event, on the ground that the finding that the defendant was negligent is against the weight of evidence. 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.