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Danishefsky v. Borden's Condensed Milk Co.

175 A.D. 883 Court N.Y. App. Div. English

Contents

Majority

p. 883
Abe Danishefsky, an Infant, etc., Respondent, Borden's Condensed Milk Company, Appellant.

Headnote

Appeal from a judgment, entered on the verdict of a jury, and also from an order denying a motion for a new trial and denying a motion to dismiss the complaint.

We are of opinion that upon the evidence no negligence was shown on the part of the defendant’s driver. The judgment and order appealed from are, therefore, reversed, with costs, and the complaint dismissed, with costs. Present—Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. Judgment and order reversed, with costs, and complaint dismissed, with costs.