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Munn v. Cornell Steamboat Co.

145 N.Y.S. 1135 Court N.Y. App. Div. Decision date 1914-02-06 English

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p. 1135
MUNN v. CORNELL STEAMBOAT CO.
(Supreme Court, Appellate Division, First Department.
February 6, 1914.)

Headnote

Appeal from Trial Term, New Xork County. Action by Daniel Munn against the Cornell Steamboat Company. From a judgment on a verdict for plaintiff, and an order denying a new trial, defendant appeals. Reversed, and complaint dismissed. Amos Van Etten, of Kingston, for appellant Warren Bigelow, of New Xork City, for respondent.

The evidence fails to sustain a finding that the defendants were guilty of negligence, or that the plaintiff was free from contributory negligence. The judgment and order should therefore be reversed, and the complaint dismissed, with costs.

LAUGHLIN, J., concurs in reversal, but dissents from the dismissal of the complaint.