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Constantino v. Watson Contracting Co.

163 A.D. 939 Court N.Y. App. Div. English

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p. 939
Rosina Constantino, as Administratrix, etc., Respondent, v. Watson Contracting Company, Appellant, Impleaded with Another.

Headnote

Appeal from a judgment of the Supreme Court, entered in the New York county clerk’s office on the 13th day of May, 1913, upon a verdict, and also from an order entered on the 6th day of June, 1913, denying a motion for a new trial.

There was no evidence to justify the jury in finding that

the defendant was guilty of negligence. The judgment and order appealed from are, therefore, reversed, with costs, and the complaint dismissed. Present—Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ. Judgment and order reversed, with costs, and complaint dismissed. Order to be settled on notice.