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Wynkoop v. Ludlow Valve Manufacturing Co.

104 N.Y.S. 1151 Court N.Y. App. Div. Decision date 1907-05-08 English

Contents

Majority

p. 1151
WYNKOOP, Respondent, v. LUDLOW VALVE MFG. CO., Appellant.
(Supreme Court, Appellate Division, Third Department.
May 8, 1907)

Headnote

Action by William Wynkoop against the Ludlow Valve Manufacturing Company. For former opinion, see 98 N. Y. Supp. 1076 .

Judgment and order reversed, on the ground that the finding of the jury that the plaintiff did not assume the risk is against the weight of evidence, and new trial granted, with costs to appellant to abide event.

SMITH, P. J., dissents.