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Sauter v. Erie Railroad

173 A.D. 881 Court N.Y. App. Div. English

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p. 881
Frederick W. Sauter, Respondent, v. Erie Railroad Company, Appellant.

Headnote

Appeal from a judgment of the Supreme Court, entered in the New York county clerk’s office on the 1st day of April, 1915, upon the verdict of a jury, and also from an order entered on the 20th day of April, 1915,. resettling nunc pro tunc an order entered on the 1st day of April, 1915, 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 the complaint dismissed, with costs. Present — Clarke, P. J., Scott, Smith, Page and Davis, JJ. Judgment and order reversed, with costs, and complaint dismissed, with costs.