Tashjian v. Spengeman — 151 N.Y.S. 1147

Majority

p. 1147

TASHJIAN, Respondent, v. SPENGEMAN, Appellant.

(Supreme Court, Appellate Division, First Department.

February 19, 1915.)

Headnote

Action by Mariam Tashjian, as administratrix, against Edward A. Spengeman.

D. Steckler, of New York City, for appellant. G. S. Kebabian, of New York City, for respondent.

Judgment and order reversed, and new trial granted, with costs to appellant to abide event, on the ground that the finding of defendant’s negligence and of decedent’s freedom from contributory negligence are against the evidence. Settle order on notice.

INGRAHAM, P. J., concurs in result.