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Sullivan v. Alton

111 N.Y.S. 1146 Court N.Y. App. Div. Decision date 1908-06-12 English

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p. 1146
SULLIVAN v. ALTON.
(Supreme Court, Appellate Division, First Department.
June 12, 1908.)

Headnote

Appeal from Trial Term. Action by Leo C. Sullivan, an infant, against Lee T. Alton, doing business under the firm name of Alton Manufacturing Company. From a judgment for plaintiff, and from an order denying a motion for a new trial, defendant appeals. Reversed, and new trial ordered.
Leo Oppenheimer, for appellant.
Thos. J. O’Neill, for respondent.

Upon the evidence it appears that the negligence complained of, if any there was, was that of the foreman or other employes of the Northern Light Company, and not of this defendant individually, and that in this respect the verdict of the jury is against the weight of evidence. The judgment and order must be reversed, and a new trial ordered, with costs to the appellant to abide the event.