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Santiago v. Southern Pac. Co.

147 N.Y.S. 1139 Court N.Y. App. Div. Decision date 1914-05-15 English

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p. 1139
SANTIAGO v. SOUTHERN PAC. CO.
(Supreme Court, Appellate Division, First Department.
May 15, 1914.)

Headnote

Appeal from Trial Term, New York County. Action by Jose Santiago against the Southern Pacific Company. From a judgment on a verdict for plaintiff, and an order denying a new trial, defendant appeals. Reversed, and new trial ordered.
J. Ard Haughwout, of New York City, for appellant.
James F. Barber, of New York City, for respondent.

We think that the evidence failed to sustain a finding by the jury that the defendant was negligent. The judgment and order appealed from are therefore reversed, and a new trial ordered, with costs to the appellant to abide the event.