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Kelly v. City of New York

140 N.Y.S. 1125 Court N.Y. App. Div. Decision date 1913-02-07 English

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p. 1125
KELLY v. CITY OF NEW YORK.
(Supreme Court, Appellate Division, First Department.
February 7, 1913.)

Headnote

Appeal from Trial Term, New York County. Action by Ellen E. Kelly against the City of New York. From a judgment for plaintiff, and an order denying a new trial, defendant appeals. Reversed, and new trial ordered. William E. C. Mayer, of Brooklyn,, for appellant. William E. O’Grady, 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 the event, on the ground that the finding that the defendant was negligent is against the weight of evidence.