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Pedicini v. Brooklyn, Queens County & Suburban Railroad

173 A.D. 906 Court N.Y. App. Div. English

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p. 906
Tony Pedicini, Respondent, v. Brooklyn, Queens County and Suburban Railroad Company, Appellant.

—Without consideration of the question of contributory negligence, the judgment and order of the County Court of Queens county are reversed, and a new trial ordered, costs to abide the event, upon the ground that the finding of negligence was against the weight of evidence. (See Jackson v. Union Railway Company, 77 App. Div. 161 , and Pappus v. Metropolitan StreetR. Co., 82 id. 13,18.) Jenks, P. J., Thomas, Carr and, Putnam, JJ., concurred; Rich, J., voted for affirmance.