Torts · MBE-tested

Nicholaus Nalewajko, Respondent, v. Tennessee Copper Company, Appellant

173 A.D. 884·New York Supreme Court, Appellate Division·1916·NY

Brief incoming

Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.

Opinion

Nicholaus Nalewajko, Respondent, v. Tennessee Copper Company, Appellant. Appeal from a judgment of the Supreme Court, entered in the New York county clerk’s office on the 35th day of May, 1915, upon the verdict of a jury, and also from an order entered on the 37th day of May, 1915, denying a motion for a new trial. Judgment and order affirmed, with costs. No opinion. Present — Clarke, P. J., Laughlin, Scott, Smith and Page, JJ.; Clarke, P. J., dissented. [DISSENT — Clarke, P. J. (dissenting):] Clarke, P. J. (dissenting): I dissent upon the ground that the plaintiff was clearly guilty of contributory negligence, which should preclude recovery.