Lobosco v. Gottlieb

180 A.D. 891 Court N.Y. App. Div. English

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Majority

p. 891

Guiseppi Lobosco, an Infant, by His Guardian ad Litem, Andrea Lobosco, Appellant, v. Jennie Gottlieb, Respondent.

Judgment reversed and new trial ordered, with costs to appellant to abide event, on the ground that there was some evidence to go to the jury upon the question of defendant’s negligence and plaintiff’s freedom from contributory negligence. Present — Clarke, P. J., Scott, Dowling, Smith and Page, JJ; Clarke, P. J., dissented.