Fox v. City of New York — 173 A.D. 881

Majority

p. 881

First Department,

March, 1916.

George P. Fox, as Administrator, etc., Respondent, v. The City of New York, Appellant.

Headnote

Appeal from a judgment of the Supreme Court, entered in the New York county clerk’s office on the 29th day of April, 1915, upon the verdict of a jury, and also from an order entered on the same day denying a motion for a new trial.

We are of opinion that there was no evidence of negligence on the part of the defendant. The judgment and order appealed from are, therefore, reversed and a new trial ordered, with costs- to appellant to abide the event. Present — Clarke, P. J., Scott, Smith, Page and Davis, JJ,; Page and Davis, JJ., dissented. Judgment and order reversed, new trial ordered, cost to appellant to abide event.