Majority
p. 1133K I N G S L E Y, Respondent, v. FINCH, PRUYN & CO., Inc., Appellant. (Supreme Court, Appellate Division, Third Department.
p. 1134November 13, 1907.)
Headnote
Action by Albert M. Kingsley, as administrator, etc., of Howard M. Kingsley, deceased, against Finch, Pruyn & Co., incorporated.Judgment and order reversed, on the ground that there is no evidence of defendant’s negligence, and new trial granted, with costs to appellant to abide event. See 54 Misc. Rep. 317 , 105 N. Y. Supp. 968 .
concur in the reversal on the ground that the verdict is against the weight of evidence.
Cases cited
- Kingsley v. Finch, Pruyn & Co. 54 Misc. Rep. 317 p. 1134