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Breen v. Santanoni Contracting Co.

173 A.D. 959 Court First Department, English

Contents

Majority

p. 959
First Department,
May, 1916.
Alice Breen, Respondent, v. Santanoni Contracting Company, Appellant. Mary Donohue, Respondent, v. Santanoni Contracting Company, Appellant.

Headnote

Appeals by defendant from two judgments of the Supreme Court, made on the 10th day of June, 1915, and entered in the New York county clerk’s office upon verdicts and also from orders denying motions for new trials.

We are of opinion that the verdicts of the jury that the defendant was guilty of negligence are against the weight of evidence. The judgments and orders appealed from are, therefore, reversed and new trials ordered, with costs to the appellant to abide the event. Present— Clarke, P. J., Laughlin, Smith and Page, JJ. Judgments and orders reversed, new trial ordered, costs to appellant to abide event.