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Corbett v. Sweets Steel Co.

78 N.Y.S. 1112 Court N.Y. App. Div. Decision date 1902-10-17 English

Contents

Majority

p. 1112
CORBETT, Respondent, v. SWEETS STEEL CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
October 17, 1902.)

Headnote

Action by Thomas F. Corbett, against the Sweets Steel Company.

Judgment and order of the Onondaga county court, and judgment and order of the municipal court of the city of Syracuse, reversed, and new trial ordered to be had in the municipal court, with costs to the appellant to abide the event. Held, that there was not sufficient evidence to authorize the jury to find that the accident complained of resulted from the incompetency of defendant’s employé. The order herein to be settled before Mr. Justice HISCOCK, on two days’ notice.