Hyperlawhypertext legal database Slaviz V. McMullen, Snare & Triest, Inc. 156 N.Y.S. 322

← Cases

Slaviz V. McMullen, Snare & Triest, Inc.

156 N.Y.S. 322 Court N.Y. App. Div. Decision date 1915-12-24 English

Contents

Majority

p. 322
SLAVIZ V. McMULLEN, SNARE & TRIEST, Inc.
(Supreme Court, Appellate Division, First Department.
December 24, 1915.)

Headnote

Negligence <@=>134—Evidence. A finding of negligence is not justified, in the absence of evidence to show how the accident occurred.
[Ed. Note.—For other cases, see Negligence, Cent. Dig. §§ 267-270, 272, 273; Dec. Dig. <@=>134.]
<@^>For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes
Appeal from Trial Term, New York County.
Action by William Slaviz, administrator, against McMullen, Snare & Triest, Incorporated. From a judgment on a verdict for plaintiff, and from an order denying a motion for new trial, defendant appeals. Reversed and dismissed.
Argued before IN GRAHAM, P. J., and McLAUGHLIN, LAUGH-LIN, SCOTT, and DOWLING, JJ.‘
John R. Halsey, of New York City, for appellant.
Joseph V. Gallagher, of New York City, for respondent.

There was no evidence in this case to justify a finding that the defendant was guilty of any negligence. None of the appliances were out of order or insecure, and there is no evidence to show how the accident happened.

The finding of negligence of the defendant is therefore reversed, the judgment and order reversed, with costs, and the complaint dismissed, with costs.