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Goldberg v. Beinlich

130 N.Y.S. 1112 Court N.Y. App. Div. Decision date 1911-06-23 English

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p. 1112
GOLDBERG v. BEINLICH.
(Supreme Court, Appellate Division, First Department.
June 23, 1911.)

Headnote

Appeal from Trial Term, New York County. Action by Clara Goldberg, as administratrix, etc., against Paul Beinlich. From a judgment for plaintiff, and from an order denying defendant’s motion for a new trial, he appeals. Reversed, and new trial ordered.
Carl S. Petrasch, for appellant.
William H. Griffin, for respondent.

The judgment and order appealed from should be reversed, and a new trial ordered, with costs to appellant to abide the event, upon the ground that the evidence failed to show that plaintiff was free from contributory negligence.