Fox v. City of New York

157 N.Y.S. 1125 Court N.Y. App. Div. Decision date 1916-03-03 English

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p. 1125

George P. FOX, as Adm'r, etc., Respondent, v. The CITY OF NEW YORK, Appellant.

(Supreme Oourt, Appellate Division, First Department.

March 3, 1916.)

Headnote

Appeal from Trial Term, New York County.

We are of opinion that there was no evidence of negligence on the part of the defendant. The judgment and order appealed from are therefore reversed, and a new trial ordered, with costs to the appellant to abide the event. Order filed. Page and Davis, JJ., dissent.