Reilly v. Simonson — 139 N.Y.S. 1142

Majority

p. 1142

REILLY v. SIMONSON.

(Supreme Court, Appellate Division, First Department.

January 3, 1913.)

Headnote

Appeal from Trial Term, New York County. Action by Sarah Teresa Reilly against Albert Simonson. Judgment for plaintiff, and defendant appeals. Reversed, and new trial ordered. Theodore H. Lord, of New York City, for appellant. Nathan Marks, of Brooklyn, for respondent.

The judgment and order appealed from are reversed, and a new trial ordered, with costs to appellant to abide the event, on the ground that the evidence does not support the finding of the jury that the defendant was guilty of negligence.

SCOTT, J., dissents.