Assmann v. Rose

Appellate Division of the Supreme Court of New York

Assmann v. Rose

264 A.D. 988, 37 N.Y.S.2d 651, 1942 N.Y. App. Div. LEXIS 5644

Appellate Division of the Supreme Court of the State of New York·Decided September 30, 1942·Published

Opinion

Judgment and order reversed on

the facts and a new trial granted, -with costs to the appellants to abide the event, on the ground that the findings that defendants were negligent and that plaintiff was free from contributory negligence are against the weight of evidence. All concur. (The judgment is for plaintiff in an automobile negligence action. The order denies a motion for a new trial.) Present — Crosby, P. J., Cunningham, Taylor, Harris and MeCurn, JJ.

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Judgment and order reversed on

the facts and a new trial granted, -with costs to the appellants to abide the event, on the ground that the findings that defendants were negligent and that plaintiff was free from contributory negligence are against the weight of evidence. All concur. (The judgment is for plaintiff in an automobile negligence action. The order denies a motion for a new trial.) Present — Crosby, P. J., Cunningham, Taylor, Harris and MeCurn, JJ.

Assmann v. Rose, 264 A.D. 988, 37 N.Y.S.2d 651, 1942 N.Y. App. Div. LEXIS 5644 (N.Y. Ct. App. 1942).

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