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Schapiro v. Bohde

155 N.Y.S. 1139 Court N.Y. App. Div. Decision date 1915-10-22 English

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p. 1139
SCHAPIRO, Respondent, v. BOHDE et al., Appellants.
(Supreme Court, Appellate Division, First Department.
October 22, 1915.)

Headnote

Appeal from Trial Term, New York County. Action by Max Schapiro against Fred Bohde and another. From a judgment for plaintiff, and an order denying new trial, defendants appeal. Reversed, and complaint dismissed. Walter L. Glenney, of New York City, for appellants. Benjamin Rich, of New York City, for respondent.

The judgment and order appealed from are reversed, with costs, on the ground that the evidence is not sufficient to sustain a finding that the defendant was negligent, and the finding of the jury that the defendant was negligent is reversed, and the complaint dismissed, with costs. Order filed.