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McCarthy v. Union-Sun Co.

108 N.Y.S. 1139 Court N.Y. App. Div. Decision date 1908-01-08 English

Contents

Majority

p. 1139
McCarthy, Respondent, v. UNION-SUN CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
January 8, 1908.)

Headnote

Action by Florence McCarthy, by guardian, etc., against the Union-Sun Company.

Judgment and order reversed, and new trial ordered, with costs to appellant to abide the event. Held, that the finding of the jury that the defendant was guilty of negligence and that the plaintiff was free from -contributory negligence was contrary to and against the weight of the evidence.

SPRING and KRUSE, JJ., dissent, and vote for affirmance.