De Carvalho v. Johnston — 156 N.Y.S. 1119

Majority

p. 1119

DE CARVALHO et al. v. JOHNSTON et al.

(Supreme Court, Appellate Division, First Department.

December 24, 1915.)

Headnote

Appeal from Trial Term, New York 'County. Action by Anna V. De Carvalho and others, as executors, against Edward L. Johnston and others. From

p. 1120

a judgment entered on a verdict_ for plaintiff, and from an order denying a motion for a new trial, defendants appeal. Reversed, and complaint dismissed.

There is no evidence to sustain any finding that the appellants composing the firm of E. L. Johnston & Co. were negligent, or that the truck owned by them in any way contributed to the accident. The finding, therefore, that the said defendants were negligent, is reversed, the judgment and order as to said defendants are reversed, with costs, and the complaint as to them dismissed, with costs. Order filed.

LAUGH LIN, J., dissents as to dismissal of complaint and votes for new trial.