Flinn v. American Engine Co.

Appellate Division of the Supreme Court of New York

Flinn v. American Engine Co.

88 N.Y.S. 1101

Appellate Division of the Supreme Court of the State of New York·Decided June 10, 1904·Published

Opinion

PER CURIAM.

Judgment and order reversed, and new trial granted, costs to abide the event, on the authority of Flinn v. Medical Ass’n, 64 App. Div. 490, 72 N. Y. Supp. 243. We do not think the evidence on this trial establishes the fact that at the time of the occurrence complained of there was any reason to apprehend that the accident would be likely to result from the grounding of the wire.

HOOKER, J., dissents.

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PER CURIAM.

Judgment and order reversed, and new trial granted, costs to abide the event, on the authority of Flinn v. Medical Ass’n, 64 App. Div. 490, 72 N. Y. Supp. 243. We do not think the evidence on this trial establishes the fact that at the time of the occurrence complained of there was any reason to apprehend that the accident would be likely to result from the grounding of the wire.

HOOKER, J., dissents.

Flinn v. American Engine Co., 88 N.Y.S. 1101 (N.Y. Ct. App. 1904).

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Opinion

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