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Schapiro v. Bohde

170 A.D. 961 Court N.Y. App. Div. English

Contents

Majority

p. 961
Max Schapiro, Respondent, v. Fred Bohde, Jr., and Mirra Bohde, Appellants, Impleaded with Another.

Headnote

Appeal from a judgment of the Supreme Court, entered in the Mew York county clerk’s office on the 3d day of February, 1915, on a verdict, and also from an order entered on the 9th day of February, 1915, denying a motion for a new trial.

The judgment and order appealed from are reversed, with costs, on the ground that the evidence is not sufficient to sustain a finding that the defendant was negligent, and the finding of the jury that the defendant was negligent is reversed and the complaint dismissed, with costs. Present—Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ. Judgment and order reversed, with costs, and complaint dismissed, with costs.