Torts · MBE-tested
Michael Maloney, Respondent, v. Cunard Steamship Company, Limited, Appellant
161 A.D. 913·New York Supreme Court, Appellate Division·1914·NY
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Opinion
Michael Maloney, Respondent, v. Cunard Steamship Company, Limited, Appellant.
Appeal from a judgment of the Supreme Court, entered in the Hew York county clerk’s office on the 14th day of March, 1913, on a verdict and from an order entered on the 10th day of April, 1918, denying a motion for a new trial.
[MAJORITY — Per Curiam:]
Per Curiam:
The evidence fails to sustain a finding that the defendant was guilty of negligence or that the plaintiff was free from contributory negligence. The judgment and order should, therefore, be reversed and the complaint dismissed, with costs. Present — Ingraham, P. J., Laughlin, Clarke, Scott and Hotchkiss, JJ. Laughlin and Hotchkiss, JJ., concurred in reversal, but dissented from the dismissal of the complaint. Judgment and order reversed and complaint dismissed, with costs. Order to be settled on notice.