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Evans v. American Steel Foundry Co.

63 N.Y.S. 1107 Court N.Y. City Ct. Decision date 1900-04-05 English

Delivered by HASCALL, J.

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p. 1107
EVANS, Respondent, v. AMERICAN STEEL FOUNDRY CO., Appellant.
(City Court of New York, General Term.
April 5, 1900.)

Headnote

Action by one Evans against the American Steel Foundry Company. From a judgment for plaintiff, and an order denying a new trial, plaintiff appeals. Reversed. For former report, see 61 N. Y. Supp. 922 . Henry A. Rubino and Jay Noble Emley, for appellant. Irvins, Wollman & Downer, for respondent.

It seems quite clear that this case comes within the principle so ably argued in the opinion in Baker v. Thomas, 12 Misc. Rep. 432 , 33 N. Y. Supp. 613 ; and, indeed, many of the most important facts are so similar that it would almost be possible to interchange them without disturbing the history of the actions. That case and others cited in its record are controlling, and call for a reversal herein. See, also, Sibbald v. Iron Co., 83 N. Y. 381 . Judgment and order reversed, and new trial ordered, with costs and disbursements to abide the event.

McCarthy, J., concurs.

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