Tyler v. Houk Manufacturing Co.

174 A.D. 925 Court N.Y. App. Div. English

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Majority

p. 925

William G. Tyler, Respondent, v. Houk Manufacturing Company, Appellant, Impleaded with Another.

Judgment and order reversed, with costs, and complaint dismissed, with costs. Held, that there is a failure of proof of actionable negligence on the part of the defendant. All concurred, except Kruse, P. J., and Foote, J., who dissented and voted for affirmance.