Caputo v. Kosmos Engineering Co. — 205 N.Y. 563

Majority

p. 563

Andrew Caputo, an Infant, by Vincenzo Caputo, His Guardian ad Litem, Respondent, v. Kosmos Engineering Company et al., Appellants.

Headnote

Reported below, 146 App. Div. 931 .

(Argued April 1, 1912;

decided April 30, 1912.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 23, 1911, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant.

p. 564

Frank V. Johnson, Murray G. Jenkins and Amos H. Stephens for Kosmos Engineering Company, appellant.

Archibald R. Watson, Corporation Counsel (J. W. Johnson and James D. Bell of counsel), for City of New York, appellant.

Joseph A. Burdeau for respondent.

Judgment affirmed, with costs as to appellant Kosmos Engineering Company. Judgment as against the appellant the City of New York reversed, new trial granted, costs to abide event, on the ground that there was no evidence of that defendant’s negligence to go to. the jury on the issue that was submitted to it by the trial court for determination; no opinion.

Concur: Cullen, Ch. J., Gray, Haight, Vann, Werner, Willard Bartlett and Chase, JJ.