Maloney v. Smith

185 A.D. 905 Court N.Y. App. Div. English

Contents

Majority

p. 905

Carrie Maloney, as Administratrix, etc., Respondent, v. Frank Sullivan Smith, as Receiver, etc., Appellant.

Headnote

Judgment and order reversed and new trial granted, with costs to appellant to abide event.

Held, that the finding of the jury that the defendant was engaged in interstate commerce and that the plaintiff’s intestate was employed therein at the time of the accident is against the weight of evidence. All concurred.