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Treeger v. Mason-Seaman Transp. Co.

146 N.Y.S. 1115 Court N.Y. App. Div. Decision date 1914-03-06 English

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Majority

p. 1115
TREEGER, Respondent, v. MASON-SEAMAN TRANSP. CO., Appellant.
(Supreme Court, Appellate Division, First Department.
March 6, 1914.)

Headnote

Appeal from Trial Term, New York County. Action by Samuel Treeger against the Mason-Seaman Transportation Company. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals.
Reversed, and new trial ordered.
William H. Corbitt, of New York City, for appellant.
J. Nathan Holfat, of New York City, for respondent.

The judgment and order appealed from should be reversed, and a new trial ordered, with costs to the appellant to abide the event, upon the ground that the verdict was contrary to the weight of the evidence as to the negligence of the defendant and the absence of contributory negligence on the part of the plaintiff.