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Doerr v. City of New York

152 N.Y.S. 1107 Court N.Y. App. Div. Decision date 1915-04-23 Docket No. 7064 English

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p. 1107
DOERR, Respondent, v. CITY OF NEW YORK, Appellant
(No. 7064.)
(Supreme Court, Appellate Division, First Department.
April 23, 1915.)

Headnote

Appeal from Trial Term, New York County. Action by John J. Doerr against the City of New York. From a judgment for plaintiff, defendant appeals. Reversed, and complaint dismissed. E. Crosby Kindleberger, of New York City, for appellant. J. Arthur Hilton, of New York City, for respondent.

We think that the evidence fails to sustain a finding of negligence on the part of the defendant, and that the court should have granted the motion of the defendant at the end of the case to dismiss the complaint, to the denial of which the defendant excepted. The finding of the jury that the defendant was guilty of negligence is therefore reversed, and the judgment and order appealed from are reversed, with costs, and the complaint dismissed, with costs. ■ Order filed.