Torts · MBE-tested
Isidor Spieler, an Infant, etc., Respondent, v. The City of New York, Appellant
161 A.D. 920·New York Supreme Court, Appellate Division·1914·NY
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Opinion
Isidor Spieler, an Infant, etc., Respondent, v. The City of New York, Appellant.
Appeal from a judgment of the Supreme Court, entered in the Hew York county clerk’s office on the 28th day of December, 1912, upon the verdict of a jury, and from an order entered on the 7th day of January, 1913, denying a motion for a new trial.
[MAJORITY — Per Curiam:]
Per Curiam:
The judgment and order appealed from should be reversed and a new trial ordered, with costs to appellant to abide the event, upon the ground that the finding of the jury that the plaintiff was free from contributory negligence was against the weight of the evidence. Present—Ingraham, P. J., McLaughlin, Laughlin, Scott and Hotchkiss, JJ. Ingraham, P. J., and Laughlin, J., dissented and voted for affirmance. Judgment and order reversed, new trial ordered, costs to appellant to abide event.