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Pangburn v. Grounsell

138 N.Y.S. 1132 Court N.Y. App. Div. Decision date 1912-11-13 English

Decision Majority — PER CURIAM. · Concurring — KELLOGG, J.,

Contents
p. 1132
PANGBURN, Appellant, v. GROUNSELL, Respondent.
(Supreme Court, Appellate Division, Third Department.
November 13, 1912.)

Headnote

Action by Alfred Pangburn against Walter N. Grounsell.

Judgment and order reversed, and new trial granted, with costs to appellant to abide event, on the ground that the verdict is against the weight of evidence; the particular findings of fact of which the court disapproves being that the verdict of the jury that the defendant was not negligent and that the plaintiff was guilty of contributory negligence was against the weight of evidence. Leave to appeal to Court of Appeals denied. 138 N. Y. Supp. 1132.

concurs, on the ground that the verdict is inconsistent with the finding against the Buick Company on the same trial.

SMITH, P. J., and LYON, J., dissent.