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Rogers v. City of Rome

95 N.Y.S. 1157 Court N.Y. App. Div. Decision date 1905-10-11 English

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p. 1157
ROGERS, Respondent, v. CITY OF ROME, Appellant.
(Supreme Court, Appellate Division. Fourth Department.
October 11, 1905.)

Headnote

Action by Herbert Rogers against the city of Rome.

Judgment and order reversed, and new trial ordered, with costs to the appelr lant to abide event, upon question of law only; the facts having been examined and no error found therein. Held, that the plaintiff failed to show actionable negligence on the part of the defendant. ■

SPRING and HISCOCK, JJ., dissent.