Torts · MBE-tested

Vito Amato, as Committee of the Person and Property of Frank Amato, or Frank Marto, an Incompetent, Respondent, v. New York and Porto Rico Steamship Company, Appellant

209 A.D. 882·New York Supreme Court, Appellate Division·1924·NY

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Opinion

Vito Amato, as Committee of the Person and Property of Frank Amato, or Frank Marto, an Incompetent, Respondent, v. New York and Porto Rico Steamship Company, Appellant. [MAJORITY] Judgment unanimously affirmed, with costs. The record presents slight, if any, evidence of contributory negligence on the part of the person injured. We are not, therefore, constrained to reverse the judgment in the interests of justice, the appellant having acquiesced in the charge of the court upon this subject. Present —■ Kelly, P. J., Rich, Jaycox, Young and Kapper, JJ.