← Cases

Riggi v. Village of Le Roy

276 A.D.2d 944 Court N.Y. App. Div. Decision date 1950-01-11 English

Contents

Majority

p. 944
Rose Riggi, an Infant, by Felix J. Riggi, Her Guardian ad Litem, Respondent, v. Village of Le Roy, Appellant. Felix J. Riggi, Respondent, v. Village of Le Roy, Appellant.

All concur, except Taylor, P. J., who dissents and votes for reversal and for dismissal of the complaint on the ground that plaintiff failed to establish any negligence on the part of the defendant, and Kimball, J., who dissents and votes for reversal and for granting a new trial on the ground that the verdict as rendered is against the law of the case as charged by the court. (Appeal from a judgment for plaintiff in two negligence actions, consolidated by court order.) Present — Taylor, P. J., MeCurn, Vaughan, Kimball and Piper, JJ.