Torts · MBE-tested
William McGurkian, Respondent, v. Thomas J. Buckley Construction Company, Appellant
163 A.D. 940·New York Supreme Court, Appellate Division·1914·NY
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Opinion
William McGurkian, Respondent, v. Thomas J. Buckley Construction Company, Appellant.
Appeal from a judgment of the Supreme Court, entered in the Hew York county clerk’s, office on the 8th day of Hovember, 1912, upon a verdict, and also from an order entered on the 4th day of Hovember, 1912, denying a motion for a new trial.
[MAJORITY — Per Curiam:]
Per Curiam:
It is entirely clear from the evidence in this case that the jury were not justified in finding that the defendant was negligent or that the plaintiff was free from contributory negligence. The judgment and order appealed from must, therefore, be reversed, with costs, and the complaint dismissed. Present—Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ. Judgment and order reversed, with costs, and complaint dismissed. Order to be settled on notice.