Torts · MBE-tested
Otto Davis, by Emma Davis, His Guardian ad Litem, Appellant, v. The Broadalbin Knitting Company, Respondent
185 N.Y. 613·New York Court of Appeals·1906·NY
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Opinion
Otto Davis, by Emma Davis, His Guardian ad Litem, Appellant, v. The Broadalbin Knitting Company, Respondent.
Davis v. Broadalbin Knitting Co., 90 App. Div. 567, affirmed.
(Argued June 7, 1906;
decided June 21, 1906.)
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered February IT, 1904, which reversed a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial and granted a new trial in an action to recover for personal injuries alleged to have been caused by defendant’s negligence.
Ilenry V. Borst and Florence J. Sulli/ocm for appellant.
Lewis E. Garr and Edward W. Douglas for respondent.
[MAJORITY]
Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all the courts; no opinion.
Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Werner and Hiscock, JJ. Absent: O’Brien, J. Not sitting: Chase, J.