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Flinn v. American Engine Co.

88 N.Y.S. 1101 Court N.Y. App. Div. Decision date 1904-06-10 English

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Majority

p. 1101
FLINN, Respondent, v. AMERICAN ENGINE CO., Appellant.
(Supreme Court, Appellate Division, Second Department.
June 10, 1904.)

Headnote

Action by Henry M. Flinn against the American Engine Company.

Judgment and order reversed, and new trial granted, costs to abide the event, on the authority of Flinn v. Medical Ass’n, 64 App. Div. 490 , 72 N. Y. Supp. 243 . We do not think the evidence on this trial establishes the fact that at the time of the occurrence complained of there was any reason to apprehend that the accident would be likely to result from the grounding of the wire.

HOOKER, J., dissents.

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