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Fleming v. New York Transp. Co.

146 N.Y.S. 1091 Court N.Y. App. Div. Decision date 1914-03-06 English

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p. 1091
FLEMING, Respondent, v. NEW YORK TRANSP. CO., Appellant.
(Supreme Court, Appellate Division, First Department.
March 6, 1914.)

Headnote

Appeal from Trial Term, New York County. Action by Catherine J. Fleming, administratrix, against the New York Transportation Company. From a judgment on a verdict for plaintiff, and from an order denying a motion for new trial, defendant appeals.
Reversed, and new trial ordered.
Theodore H. Lord, of New York City, for appellant.
William Rand, Jr., 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 event, on the ground that the verdict is against the weight of the evidence as to the lack of contributory negligence.

INGRAHAM, P. J., and HOTCHKISS, J., dissent, and vote for affirmance.