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Hartmetz v. Buffalo Expanded Metal Co.

108 N.Y.S. 1134 Court N.Y. App. Div. Decision date 1908-01-08 English

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p. 1134
HARTMETZ, Respondent, v. BUFFALO EXPANDED METAL CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
January 8, 1908.)

Headnote

Action by Fred Hartmetz against the Buffalo Expanded Metal Company.

Judgment and order-reversed, and new trial ordered, with costs to appellant to abide event, upon questions of law and of fact. Held, that the finding of the jury that the defendant was guilty of negligence which caused the injury was contrary to and against the weight of the evidence.

SPRING, J., votes for reversal, upon the ground that material errors were committed by the trial court.