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O'Sullivan v. Cardillo

223 A.D. 847 Court N.Y. App. Div. English

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Majority

p. 847
John J. O’Sullivan, Respondent, v. Gennaro Cardillo, Appellant.

Judgment of the City Court of Yonkers affirmed, with costs. No opinion. Rich, Young, Seeger and Carswell, JJ., concur; Lazansky, P. J., dissents upon the ground that if there were Eghts upon defendant’s car, plaintiff’s wife, Rebecca O’Sullivan, would be guilty of contributory negligence as matter of law, and a finding that there were no lights upon the car is against the weight of the evidence.