Majority
p. 1118KOLLARCIK, Respondent, v. SALTS TEXTILE MFG. CO., Appellant. (Supreme Court, Appellate Division, First Department. November 19, 1915.)
Headnote
Appeal from Trial Term, New York County. Action by John Kollarcik against the Salts Textile Manufacturing Company. From a judgment entered on a verdict, and from an order denying a motion for a new trial, defendant appeals. Judgment and order reversed, and complaint dismissed.E. C. Sherwood, of New York City, for appellant.
Roger Foster, of New York City, for respondent.
We think the evidence fails to show any negligence on the part of the defendant, and the complaint should have been dismissed. The judgment and order appealed from reversed, the finding that the defendant was guilty of negligence reversed, .and the complaint dismissed, with costs. Order filed.