Colby v. Woodruff

Appellate Division of the Supreme Court of New York

Colby v. Woodruff

262 A.D. 945, 29 N.Y.S.2d 396, 1941 N.Y. App. Div. LEXIS 9037

Appellate Division of the Supreme Court of the State of New York·Decided July 2, 1941·Published

Opinion

Judgment and order reversed on the facts and a new trial granted, with costs to appellants to abide the event, on the ground that the finding of the jury that appellants through their engineer were guilty of negligence is against the weight of the evidence. All concur, except Harris, J., who dissents and votes for affirmance. (The judgment is for plaintiff in an action for damages for personal injuries under the Federal Employers’ Liability Act. The order denies defendants’ motion for a new trial.) Present — Crosby, P. J., Cunningham, Taylor, Dowling and Harris, JJ.

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Judgment and order reversed on the facts and a new trial granted, with costs to appellants to abide the event, on the ground that the finding of the jury that appellants through their engineer were guilty of negligence is against the weight of the evidence. All concur, except Harris, J., who dissents and votes for affirmance. (The judgment is for plaintiff in an action for damages for personal injuries under the Federal Employers’ Liability Act. The order denies defendants’ motion for a new trial.) Present — Crosby, P. J., Cunningham, Taylor, Dowling and Harris, JJ.

Colby v. Woodruff, 262 A.D. 945, 29 N.Y.S.2d 396, 1941 N.Y. App. Div. LEXIS 9037 (N.Y. Ct. App. 1941).

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