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Bianco v. Motor Haulage Co.

270 A.D. 898 Court N.Y. App. Div. Decision date 1946-04-08 English

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p. 898
Edward Bianco, Respondent, v. Motor Haulage Company, Inc., Appellant, et al., Defendants.

In a negligence action to recover damages for personal injuries, defendant appeals from a judgment in favor of the plaintiff, entered upon the verdict of a jury. Judgment affirmed, with costs. No opinion. Lewis, P. J., Johnston and Aldrich, JJ., concur; Adel and Nolan, JJ., dissent and vote to reverese the judgment and to grant a new trial on the ground that the finding implicit in the verdict that the plaintiff was free from contributory negligence is against the weight of the evidence.