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Woolsey v. Western Union Telegraph Co.

271 A.D.2d 909 Court N.Y. App. Div. Decision date 1946-12-30 English

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p. 909
L. E. Woolsey, Respondent, v. Western Union Telegraph Co., Appellant. James Guifre, Respondent, v. Western Union Telegraph Co., Appellant.

Appeal from judgments, Madison Trial Term, rendered upon the theory that defendant was either negligent or a trespasser. The record is not clear as to the theory upon which the jury rendered a verdict. There is scant, if any, proof of negligence and the theory of trespass was not clearly presented to the jury. Judgments reversed, on the law and facts, and a new trial granted, with costs to appellant to abide the event. All concur. [See post, p. 1040.]