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Dobek v. Austro-American Steamship Co.

138 N.Y.S. 1114 Court N.Y. App. Div. Decision date 1912-11-22 English

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p. 1114
DOBEK v. AUSTRO-AMERICAN S. S. CO., Limited.
(Supreme Court, Appellate Division, First Department.
November 22, 1912.)

Headnote

Appeal from Trial Term, New York County. Action by Ferdinand Dobek against the Austro-Ameriean Steamship Company, Limited. From a judgment for plaintiff on a verdict, and from an order denying motion for new trial, defendant appeals. Reversed, and new trial ordered. See, also, 136 N. Y. Supp. 1134 .
Lorenzo Ullo, of New York City, for appellant.
August P. Wagener, of New York City, for respondent.

The finding that the plaintiff was assaulted or unjustifiably imprisoned by the defendant is against the weight of evidence. The judgment and order appealed from should be reversed, and a new trial ordered, with costs to appellant to abide the event.