Stage v. C. Moench Sons Co. — 120 N.Y.S. 1147

Majority

p. 1147

STAGE, Respondent, v. C. MOENCH SONS CO., Appellant.

(Supreme Court, Appellate Division, Fourth Department.

January 12, 1910.)

Headnote

Action by Clayton L. Stage, an infant, etc., against the C. Moench Sons Company.-

Judgment and order re-, versed, and new trial ordered, with costs to appellant to abide event. Held, that the verdict was contrary to and against the weight of the evidence, both as to defendant’s negligence and plaintiff’s freedom from contributory negligence.

KRUSE, J., dissents.