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Casey v. City of New York

142 N.Y.S. 1111 Court N.Y. App. Div. Decision date 1913-06-13 English

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p. 1111
CASEY v. CITY OF NEW YORK.
(Supreme Court, Appellate Division, First Department.
June 13, 1913.)

Headnote

Appeal from Trial Term, New York County. Action by Margaret Casey against the City of New York. From a judgment for plaintiff, and an order denying a new trial, defendant appeals. Reversed, and complaint dismissed. Harry Crone, of New York City, for appellant. L. F. Fish, of New York City, for respondent.

The plaintiff proved no negligence on the part of the defendant (Lalor v. City of New York [Court of Appeals, May 20, 1913] 102 N. E. 558 ), and the finding that the defendant was negligent was without evidence to support it. ind that finding is therefore reversed, The judgment is therefore reversed, with costs, and the complaint dismissed, with costs.