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Guzzardi v. American Distilled Water Co.

178 A.D. 913 Court N.Y. App. Div. English

Contents

Majority

p. 913
Rose Guzzardi, Appellant, v. American Distilled Water Company, Respondent.

Headnote

Appeal from a judgment of the Supreme Court dismissing the complaint upon, the defendant’s motion after a trial at Trial Term, and also from an order denying the plaintiff’s motion for a new trial.

We are of opinion that the evidence presented questions of fact for the jury to determine. The judgment and order appealed from are, therefore, reversed and a new trial ordered, with costs to appellant to abide the event. Present — Clarke, P. J., Laughlin, Dowling, Smith and Page, JJ. Judgment and -order reversed and new trial ordered, with costs to appellant to abide event.