Torts · MBE-tested
Nellie Fay, Respondent, v. Hudson Navigation Company, Appellant
170 A.D. 962·New York Supreme Court, Appellate Division·1915·NY
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Opinion
Nellie Fay, Respondent, v. Hudson Navigation Company, Appellant.
Appeal from a judgment of the Supreme Court, entered in the Kew York county clerk’s office on the 8th day of April, 1915, on verdict, and also from an order, entered on the 7th day of May, 1915, denying a motion for a new trial.
[MAJORITY — Per Curiam:]
Per Curiam:
The finding that the defendant was negligent is not sustained by the evidence. The judgment and order appealed from are, therefore, reversed and a new trial ordered, with costs to appellant to abide event, and the finding that the defendant was negligent is reversed. Present — Ingraham, P. J., McLaughlin, Laughlin, Scott and Dowling, JJ. Judgment and order reversed and new trial ordered, with costs to appellant to abide event, and finding that the defendant was guilty of negligence reversed.