Hyperlawhypertext legal database D'Alisera v. John J. Hearn Construction Co. 151 N.Y.S. 1111

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D'Alisera v. John J. Hearn Construction Co.

151 N.Y.S. 1111 Court N.Y. App. Div. Decision date 1915-02-11 English

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p. 1111
D’ALISERA, Respondent, v. JOHN J. HEARN CONST. CO., Appellant.
(Supreme Court, Appellate Division, Second Department.
February 11, 1915.)

Headnote

Action by Elginia D’Alisera, as administratrix, etc., of Angelo D’Alisera, deceased, against the John J. Hearn Construction Company.

We think the finding of the jury that the proximate cause of the accident was the existence of the small piece of board on the runway or platform was against the weight of evidence. Judgment and order reversed, and new trial granted; costs to abide the event.

BURR, J., not voting.