Majority
p. 1110CONSTANTINO v. WATSON CONTRACTING CO. et al. (No. 5943.) (Supreme Court, Appellate Division, First Department. June 12, 1914.)
Headnote
Appeal from Trial Term, New York County. Action by Rosina Constantino, administratrix, against the Watson Contracting Company, impleaded, etc. Judgment for plaintiff, and defendant named appeals. Reversed, and complaint dismissed.James F. Donnelly, of New York City, for appellant.
Milton M. Goldsmith, of New York City, for respondent.
There was no evidence to justify the jury in finding that the defendant was guilty of negligence. The, judgment and order appealed from are therefore reversed, with costs, and the complaint dismissed.