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Grentzinger v. G. L. F. Churchville Farm Products Co-op., Inc.

267 A.D. 1043 Court N.Y. App. Div. Decision date 1944-05-24 English

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p. 1043
Elmer E. Grentzinger, Respondent, v. G. L. F. Churchville Farm Products Co-op., Inc., Appellant.

Judgment and order reversed on the law, with costs, and complaint dismissed, with costs, on the ground that the evidence does not show negligence or freedom from contributory negligence. All concur, except MeCurn, J., who dissents and votes for affirmance, and Dowling, J., not voting. (The judgment is for plaintiff in a negligence action. The order denies a motion for a new trial.) Present — Cunningham, P. J., Taylor, Dowling, Hams and MeCurn, JJ.