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O'Brien v. Victoria Paper Mills Co.

85 N.Y.S. 1139 Court N.Y. App. Div. Decision date 1904-01-05 English

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p. 1139
O’BRIEN, Respondent, v. VICTORIA PAPER MILLS CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
January 5, 1904.)

Headnote

Action by James H. O’Brien against the Victoria Paper Mills Company.

Judgment and order reversed, and new trial ordered, with costs to the appellant to abide event, upon questions of law only; the facts having been examined, and no error found therein. Held, that the evidence fails to establish that the defendant was guilty of negligence which was the proximate cause of the injury.