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Burke v. Linch

158 A.D. 928 Court N.Y. App. Div. English

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Majority

p. 928
Michael J. Burke, Respondent, v. George W. Linch, as Receiver of the Second Avenue Railroad Company, Appellant. Michael Burke, an Infant, by Michael J. Burke, His Guardian ad Litem, Respondent, v. George W. Linch, as Receiver of the Second Avenue Railroad Company, Appellant.

— In each ease judgment and order reversed and new trial ordered, with costs to appellant to abide the event, on the ground that the finding that the defendant was guilty of negligence and the person injured was free from contributory negligence was against the weight of evidence. Ho

p. 929
opinion. Orders to be settled on notice. Present — Ingraham, P. J., Laughlin, Scott, Dowling and Hotchkiss, JJ.