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Bryan v. Richard Deeves & Son

163 A.D. 940 Court N.Y. App. Div. English

Contents

Majority

p. 940
William J. Bryan, Respondent, v. Richard Deeves & Son, Appellant.

Headnote

Appeal from a judgment of the Supreme Court, entered in the Hew York county clerk’s office on the 16th day of March, 1914, on the verdict of a jury, and also from an order entered on the same day denying a motion for a new trial.

The verdict of the jury, in so far as it found that there had been any removal of the plank, was against the weight of evidence. The judgment and order appealed from are, therefore, reversed anda new trial ordered,-with costs to the appellant to abide the event. Present— Ingraham, P. J., Laughlin, Clarke, Dowling and Hotchkiss, JJ. Judgment and order reversed, new trial ordered, costs to appellant to abide event. Order to be settled on notice.