Majority
p. 1093HANDWEILER v. CITY OF NEW YORK. (Supreme Court, Appellate Division, First Department. February 27, 1914.)
Headnote
Appeal from Trial Term, New York County. Action by Pepi Handweiler against the City of New York. From a judgment entered on a verdict of the jury, and from an order denying a motion for a new trial, defendant appeals.Reversed, and complaint dismissed.
William E. C. Mayer, of Brooklyn, for appellant.
Hugo Levy, of New York City, for respondent.
The judgment and order appealed from are reversed, with costs to the appellant, upon the ground that there was no evidence to justify the finding of the jury that the defendant was negligent; and, on the same ground, the motion made by the defendant at the close of the whole case to dismiss the complaint is granted. Judgment ordered accordingly.