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Di Prima v. Consumers' Brewing Co.

114 N.Y.S. 1125 Court N.Y. App. Div. Decision date 1909-01-08 English

Contents

Majority

p. 1125
DI PRIMA, Respondent, v. CONSUMERS’ BREWING CO., Appellant.
(Supreme Court, Appellate Division, First Department.
January 8, 1909.)

Headnote

Action by Guiseppe Di Prima, as administrator, against the Consumers’ Brewing Company. G. O. Fox, for appellant. L. B. Cohen, for respondent.

Judgment and order reversed, and new trial ordered, with costs to appellant to abide event, as against the weight of evidence as to the defendant’s negligence and as to the contributory negligence of the custodian of plaintiff’s intestate. Order filed.

LAUGHLIN, J., dissents.