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Granovitch v. Pittsburg Contracting Co.

147 N.Y.S. 1114 Court N.Y. App. Div. Decision date 1914-05-07 English

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p. 1114
GRANOVITCH v. PITTSBURG CONTRACTING CO.
(Supreme Court, Appellate Term, First Department
May 7, 1914.)

Headnote

Appeal from City Court of New York, Trial Term. Action by Antonio Granovitch against the Pitts-burg Contracting Company. From a judgment of dismissal, and from an order denying a new trial, plaintiff appeals. Reversed, and new trial ordered.
Richmond J. Reese, of New York City, for appellant.
J. Ambrose Goodwin, of White Plains, for respondent.

The judgment is reversed, upon the ground that there was sufficient evidence to submit to the jury upon the question of the negligence of defendant generally and specifically in failing to promulgate proper rules, etc., and upon the ground that the court erred in excluding evidence in reference to the general condition of the track and place where plaintiff was employed. Judgment and order reversed, and new trial ordered, with costs to appellant to abide the event.