Blackburn v. Finucane

140 N.Y.S. 1110 Court N.Y. App. Div. Decision date 1913-03-28 English

Decision Majority — PER CURIAM. · Dissent — McLENNAN, P. J.,

Contents

p. 1110

BLACKBURN, Respondent, v. FINUCANE, Appellant.

(Supreme Court, Appellate Division, Fourth Department.

March 28, 1913.)

Headnote

Action by Lillian Blackburn, an infant, etc., against Bernard E. Finucane, an infant, etc.

Judgment and order affirmed, with costs.

dissents, upon the ground that the evidence fails to establish actionable negligence against the defendant, or that the' plaintiff was free from contributory negligence.