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Craprizzio v. Central New England R. Co.

148 N.Y.S. 1111 Court N.Y. App. Div. Decision date 1914-06-19 Docket No. 5985 English

Decision Majority — PER CURIAM. · Concurring — INGRAHAM, P. J.,

Contents
p. 1111
CRAPRIZZIO v. CENTRAL NEW ENGLAND R. CO.
(No. 5985.)
(Supreme Court, Appellate Division, First Department.
June 19, 1914.

Headnote

Appeal from Trial Term, New York County. Action by Guisippe Craprizzio against the Central New England Railway Company. Judgment for plaintiff. Motion for new trial denied, and defendant appeals. Judgment and order reversed, and new trial ordered.
J. W. Carpenter, of Brooklyn, for appellant.
Frederick Hemley, of New York City, for respondent.

We think the finding of the jury that the defendant was negligent and that the plaintiff was free from contributory negligence was against the weight of evidence. The judgment and order appealed from are therefore reversed, and a new trial ordered, with costs to appellant to abide the event.

concurs in the reversal, upon the ground that the evidence is insufficient to justify the finding of the jury that the defendant was guilty of negligence.