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Kiley v. Rich

159 N.Y.S. 1122 Court N.Y. App. Div. Decision date 1916-06-23 English

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p. 1122
Julia KILEY, Respondent, v. Eleazer C. RICH, Appellant.
(Supreme Court, Appellate Division, First Department.
June 23, 1916.)

Headnote

Appeal from Trial Term, New York County. Judgment for plaintiff, from which, and an order denying motion for new trial, defendant appeals. Reversed, and new trial ordered.

The judgment and order appealed from are reversed, and a new trial ordered, with costs to the appellant to abide the event, upon the ground that error was committed in receiving the testimony of the witness Talbot as to her prior tall upon the stairway in question, and also upon the ground that the finding of the jury that the defendant was negligent is against the weight of the evidence.

CLARKE, P. J., and DAVIS, J., concur on the first ground.