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Keeley v. R. H. Howes Construction Co.

159 N.Y.S. 1121 Court N.Y. App. Div. Decision date 1916-05-17 English

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p. 1121
William C. KEELEY, respt., v. R. H. HOWES CONSTRUCTION CO., applt.
(Supreme Court, Appellate Division, F'ourth Department.
May 17, 1916.)

Judgment and order reversed and new trial granted, with costs to appellant to abide event. Held, that upon the question of defendant’s negligence the verdict of the jury is against the weight of the evidence. All concur, except B’oote and Lambert, JJ., who vote for reversal and dismissal of the complaint upon the ground that no actionable negligence was shown.