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Knox v. Town of Gravesend

35 N.Y.S. 97 Court N.Y. Gen. Term Decision date 1895-07-26 English

Delivered by BROWN, P. J.

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p. 97
KNOX v. TOWN OF GRAVESEND.
(Supreme Court, General Term, Second Department.
July 26, 1895.)

Headnote

Appeal from judgment on report of referee.
Action by Leonard Knox against the town of Gravesend. There was a judgment in favor of plaintiff, and defendant appeals. Modified.
Argued before BROWN, P. J., and DYKMAN and PRATT, JJ.
Hubbard & Rushmore, for appellant.
Grout, De Fere & Mayer, for respondent.

This action is of the same character as that of Morson v. Town of Gravesend, 85 N. Y. Supp. 94 . Following the view there expressed, we should reverse the judgment and dismiss the complaint. Brit the appellant concedes an indebtedness to the plaintiff of §180, and a liability upon the part of the defendant therefor. The judgment must therefore be reduced to that amount, and, so modified, is affirmed, without costs. All concur.