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Dinardo v. Barry

202 A.D. 859 Court N.Y. App. Div. English

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p. 859
Nicholas Dinardo, Respondent, v. James J. Barry, Appellant.

Judgment and order reversed on law and facts and new trial granted, with costs to the appellant to abide the event, on the ground that the verdict is against the weight of evidence. All concur. The court disapproves of the findings that the negligence of the defendant was the proximate cause of the accident and that the plaintiff was free from contributory negligence.