General
Leonye Violet Bauduy, Respondent, v. Mail and Express Company, Appellant
161 A.D. 912·New York Supreme Court, Appellate Division·1914·NY
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Opinion
First Department,
February, 1914.
Leonye Violet Bauduy, Respondent, v. Mail and Express Company, Appellant.
Appeal from a judgment of the Supreme Court, entered in the New York county clerk’s office on the 26th day of October, 1912, on a verdict and from an order entered on the 15th day of November, 1912, denying a motion for a new trial.
[MAJORITY — Per Curiam:]
Per Curiam:
The defendant pleaded justification. In view of the evidence adduced in support of this defense, the verdict was clearly against the evidence. On this ground the judgment and order should be reversed and a new trial ordered, with costs to appellant to abide the event. Present -—Ingraham, P. J., McLaughlin, Laughlin, Dowling and Hotchkiss, JJ. Judgment and order reversed and new trial ordered, with costs to appellant to abide event. Order to be settled on notice.