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Wissler v. City of New York

132 N.Y.S. 1151 Court N.Y. App. Term Decision date 1911-12-22 English

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p. 1151
WISSLER v. CITY OF NEW YORK.
(Supreme Court, Appellate Term.
December 22, 1911.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, Seventh District. Action by Margaret A. Wissler against the City of New York. From a judgment for plaintiff, after a trial without a jury, defendant appeals. Reversed, and new trial ordered. Archibald R. Watson (Theodore Gonnoly and Loyal Leale, of counsel), for appellant Charles J. Lane, for ijespondent.

The admission of the testimony as to the service of the summons, upon the agent of the premises, after the accident, was prejudicial error. Judgment reversed, and new trial ordered, with costs to appellant to abide the event.