Gunderson v. Alfred E. Norton Co. — 135 N.Y.S. 1115

Majority

p. 1115

GUNDERSON, Respondent, v. ALFRED E. NORTON CO., Appellant.

(Supreme Court, Appellate Division, First Department.

May 3, 1912.)

Headnote

Action by George Gunderson against the Alfred E. Norton Company.

E. C. Sherwood, for appellant. E. E. Miller, for respondent.

Judgment and order reversed, and new trial ordered, costs to appellant to abide event, unless plaintiff stipulates to reduce judgment as entered, including interest and costs, to $1,639.05, in which event, judgment, as so modified, and order, affirmed, without costs. Settle order on notice.

INGRAHAM, P. J., dissents, on the ground of want of proof of the defendant’s negligence.