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Nalewajko v. Tennessee Copper Co.

152 N.Y.S. 1130 Court N.Y. App. Div. Decision date 1915-03-12 English

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Majority

p. 1130
NALEWAJKO, Respondent, v. TENNESSEE COPPER CO., Appellant.
(Supreme Court, Appellate Division, First Department.
March 12, 1915.)

Headnote

Action by Nicholaus Nalewajko against the Tennessee Copper Company. J. S. Wise, of New York City, for appellant. B. Gordon, of New York City,, for respondent.

Judgment and order reversed, and new trial ordered, with costs to abide event, on the ground that the finding of the jury that the plaintiff was free from contributory negligence was against the weight of evidence. Order filed. '

SCOTT and HOTCHKISS, JJ., dissent.