Hyperlawhypertext legal database McGurkian v. Thomas J. Buckley Const. Co. 148 N.Y.S. 1128

← Cases

McGurkian v. Thomas J. Buckley Const. Co.

148 N.Y.S. 1128 Court N.Y. App. Div. Decision date 1914-06-12 Docket No. 5937 English

Contents

Majority

p. 1128
McGURKIAN v. THOMAS J. BUCKLEY CONST. CO.
(No. 5937.)
(Supreme Court, Appellate Division, First Department.
June 12, 1914.)

Headnote

Appeal from Trial Term, New York County. Action by William McGurkian against the Thomas J. Buckley Construction Company. From a judgment for plaintiff, and from an order denying defendant’s motion for.a new trial, it appeals. Reversed, and complaint dismissed.
J. Edward Murphy, of New York City, for appellant.
J. Arthur Hilton, of New York City, for respondent.

It is entirely clear from the evidence in this case that the jury were not justified in finding that the defendant was negligent or that the plaintiff was free from contributory negligence. The judgment and order appealed from must therefore be reversed, with costs, and the complaint dismissed.