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Cooper v. Village of Brockport

251 A.D. 784 Court N.Y. App. Div. Decision date 1937-05-05 English

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p. 784
Mary E. Cooper, Appellant, v. Village of Brockport, Respondent.

Judgment affirmed, with costs. All concur, except Cunningham, J., who dissents and votes for reversal on the law and for granting a new trial on the ground that the evidence presented a question of fact for the jury as to the negligence of the defendant. (The judgment dismisses the complaint in an action to recover damages for personal injuries caused by a tree falling on an automobile in a public highway.) Present — Sears, P. J., Edgcomb, Crosby, Lewis and Cunningham, JJ.