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Sagar v. Oldsbury Electro-Chemical Co.

86 N.Y.S. 1145 Court N.Y. App. Div. Decision date 1904-03-08 English

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p. 1145
SAGAR, Respondent, v. OLDSBURY ELECTRO-CHEMICAL CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
March 8, 1904.)

Headnote

Action by William F. Sagar against the Oldsbury Electro-Chemical Company.

Judgment and order reversed, and new trial ordered, with costs to the appellant to abide event, upon questions of fact. Held, that the finding of the jury that the defendant was guilty of negligence, that the plaintiff was free from contributory negligence, and that the plaintiff did not assume the risks incident to his employment, is contrary to the weight of the evidence.