Rourke v. McLaughlin

132 N.Y.S. 1145 Court N.Y. App. Div. Decision date 1912-01-12 English

Decision Majority — PER CURIAM. · Dissent — INGRAHAM, P. J., and SCOTT, J.,

Contents

p. 1145

ROURKE, Respondent, v. McLAUGHLIN, Appellant.

(Supreme Court, Appellate Division, First Department.

January 12, 1912.)

Headnote

Action by Agnes Rourke against James McLaughlin. G. H. Francoeur, for appellant. T. O. McDonald, for respondent.

Judgment and order affirmed, with costs. Order filed.

dissent, on the ground that there was no evidence of defendant’s negligence, and that the plaintiff assumed the risk of entering the room with a lighted taper.