Majority
p. 1119HANNES v. JOLINE et al. (Supreme Court, Appellate Division, First Department. November 29, 1912.)
Headnote
Appeal from Trial Term, New York County. Action by William Hannes, as administrator of Samuel Hannes, deceased, against Adrian H. Joline and another, as receivers of the Metropolitan Street Railway Company. From a judgment for plaintiff, and an order denying a new trial, defendants appeal. Reversed, and new trial ordered.B. H. Ames, of New York City, for appellants.
Myron Butler, of New York City, for respondent.
The judgment and order appealed from should be reversed, and a new trial ordered, with costs to appellant to abide event, upon the ground that the finding of the jury that the plaintiff was free from contributory negligence was against the evidence. Zucker v. Whitridge, 205 N. Y. 50 , 98 N.
Cases cited
- Zucker v. Whitridge 205 N. Y. 50 at 98 p. 1119