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Witt v. Austro-Americana S. S. Co.

155 N.Y.S. 1150 Court N.Y. App. Div. Decision date 1915-10-22 English

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p. 1150
WITT, Respondent, v. AUSTRO-AMERICANA S. S. CO., Limited, Appellant
(Supreme Court, Appellate Division, First Department.
October 22, 1915.)

Headnote

Appeal from Trial Term, New York County. Action by Chaim Witt against the Austro-Americana Steamship Company, Limited. From the judgment entered on a verdict, and from an order denying a motion for a new trial, defendant appeals. Judgment and order reversed, finding of jury reversed, and complaint dismissed. Lorenzo Ullo, of New York City, for appellant. John F. McIntyre, of New York City, for respondent.

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