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Goldstein v. Schwarzchild & Sulzberger Co.

128 N.Y.S. 1124 Court N.Y. App. Div. Decision date 1911-03-31 English

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p. 1124
GOLDSTEIN v. SCHWARZCHILD & SULZBERGER CO.
(Supreme Court, Appellate Division, First Department.
March 31, 1911.)

Headnote

Appeal from Trial Term, New York County. Action by Wolf Goldstein against the Schwarzchild & Sulzberger Company. From a judgment for plaintiff, defendant appeals. Reversed, and new trial ordered.
Bertrand L. Pettigrew, for appellant.
J. Solon Einsohn, for respondent.

The judgment and order appealed from should be reversed, and a new trial ordered, with costs to appellant to abide event, on the ground that there is no evidence to justify the finding of the jury that the defendant was guilty of negligence.