Contracts · MBE-tested
Henry Melhado, Respondent, v. Steel and Masonry Contracting Company, Appellant
167 A.D. 894·New York Supreme Court, Appellate Division·1915·NY
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Opinion
Henry Melhado, Respondent, v. Steel and Masonry Contracting Company, Appellant.
Appeal from judgment of the Supreme Court, entered in the New York county clerk’s office on the 4th day of May, 1914, on verdict, and also from an order entered on the 7th day of May, 1914, denying a motion for new trial.
[MAJORITY — Per Curiam:]
Per Curiam:
Upon all the testimony in this case, the finding of the jury that the defendant was negligent is against the clear weight of the evidence. The judgment and order appealed from are, therefore, reversed and a new trial ordered, with costs to the appellant to abide the event. Present — Ingraham, P. J., Laughlin, Scott, Dowling and Hotchkiss, JJ. Judgment and order reversed, new trial ordered, costs to appellant to abide event.