Irving v. City of Utica

90 N.Y.S. 1101 Court N.Y. App. Div. Decision date 1904-11-30 English

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p. 1101

IRVING, Respondent, v. CITY OF UTICA, Appellant.

(Supreme Court, Appellate Division, Fourth Department.

November 30, 1904.)

Headnote

Action by Bertha Irving, an infant, etc., against the city of Utica.

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 wholly fails to establish negligence upon the part of the defendant.