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Munn v. Cornell Steamboat Co.

161 A.D. 913 Court N.Y. App. Div. English

Contents

Majority

p. 913
Daniel Munn, Respondent, v. Cornell Steamboat Company, Appellant.

Headnote

Appeal from a judgment of the Supreme Court, entered in the Hew York county clerk’s office on the 5th day of June, 1913, on a verdict and from an order entered on the 10th day of June, 1913, denying a motion for a new trial.

The evidence fails to sustain a finding that the defendants were guilty of negligence or that the plaintiff was free from eontrib- - utory negligence. The judgment and order should, therefore, be reversed and the complaint dismissed, with costs. Present — Ingraham, P. J., Laughlin, Clarke, Scott and Hotchkiss, JJ. Laughlin, J., concurred in reversal, but dissented from the dismissal of the complaint. Judgment reversed and complaint dismissed, with costs.