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Conoscenti v. Holbrook, Cabot & Rollins Cop.

154 N.Y.S. 1116 Court N.Y. App. Div. Decision date 1915-06-25 Docket No. 7531 English

Decision Majority — PER CURIAM. · Dissent — INGRAHAM, P. J., and McLAUGHLIN, J.,

Contents
p. 1116
CONOSCENTI v. HOLBROOK, CABOT & ROLLINS CORPORATION.
(No. 7531.)
(Supreme Court, Appellate Division, First Department.
June 25, 1915.)

Headnote

Appeal from Trial Term, New York County. Action by Euplio Conoscenti, as administratrix, against Holbrook, Cabot & Rollins Corporation. Judgment for the plaintiff, and defendant appeals. Affirmed. Benjamin Patterson, of New York City, for appellant. Joseph V. Gallagher, of New York City, for respondent.

Judgment and order affirmed, with costs. Order filed.

dissent upon the ground that there was no evidence to sustain a finding that the defendant was negligent or that the decedent was free from contributory negligence, but the testimony expressly shows that the accident was caused by a violation of the rules established for the protection of defendant’s employés and by an occurrence which the defendant could not have anticipated. ,