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Wassink v. Toner

254 A.D. 817 Court N.Y. App. Div. Decision date 1938-05-18 English

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p. 817
Lawrence Wassink, Respondent, v. Albert Toner, Appellant.

Judgment and order affirmed, with costs. All concur, except Crosby, J., who dissents and votes for reversal on the facts and for granting a new trial, on the ground that the findings both as to negligence and contributory negligence are against the weight of the evidence. (The judgment is for plaintiff in an automobile negligence action. The order denies a motion for a new trial.) Present — Crosby, Lewis, Cunningham, Taylor and Dowling, JJ.