Wynkoop v. Ludlow Valve Manufacturing Co. — 212 N.Y. 572

Majority

p. 572

' William Wynkoop, Respondent, v. The Ludlow Valve Manufacturing Company, Appellant.

Headnote

Wynkoop v. Ludlow Valve Manfg. Co., 158 App. Div. 507 , reversed.

(Argued June 11, 1914;

decided July 14, 1914.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 26, 1912, modifying and affirming as

p. 573

modified 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, his employer.

P. C. Dugan for appellant.

J. W. Atkinson for respondent.

Judgment reversed and new trial granted, costs to abide event, on dissenting opinion of Kellogg, J., below.

Concur: Willard Bartlett, Oh. J., Werner, His-cook, Collin, Hogan, Miller and Oardozo, JJ.