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Lang v. Hudson & M. R.

155 N.Y.S. 801 Court N.Y. App. Div. Decision date 1915-11-19 Docket No. 7834 English

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p. 801
LANG v. HUDSON & M. R. CO.
(No. 7834.)
(Supreme Court, Appellate Division, First Department.
November 19, 1915.)

Headnote

Appeal and Error <§=1094—Questions of Fact—Finding—Reversal.
Where there was no evidence to sustain the finding oí defendant’s negligence, on which the plaintiff recovered, it would be reversed, and the complaint dismissed.
[Ed. Note.—For other cases, see Appeal and Error, Cent. Dig. §§ 4322-4352; Dec. Dig. <§=1094.]
Appeal from Appellate Term, First Department.
Action by Isidor Dang against the Hudson & Manhattan Railroad Company. From a determination affirming a judgment of the Municipal Court, defendant appeals. Determination and judgment reversed, and complaint dismissed.
See, also, 154 N. Y. Supp. 1129 .
Argued before INGRAHAM, P. J., and LAUGHDIN, CLARKE, SCOTT, and DOWLING, JJ.
Walter L. Glenney, of New York City, for appellant.
Jacob Dandy, of New York City, for respondent.

There is no evidence to sustain the finding that the defendant was guilty of negligence, and such finding is reversed.

The determination of the Appellate Term and the judgment of the Municipal Court are reversed, and the complaint dismissed, with costs. Order filed.