Gallaway v. Walsh Construction Co.

Appellate Division of the Supreme Court of New York

Gallaway v. Walsh Construction Co.

233 A.D. 688

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 15, 1931

StatusPublished

This text of 233 A.D. 688 (Gallaway v. Walsh Construction Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gallaway v. Walsh Construction Co., 233 A.D. 688 (N.Y. Ct. App. 1931).

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Opinion

Judgment reversed upon the law and the facts and a new trial granted, costs to appellant to abide the event. We are of opinion that in the light of the testimony of the witness Robert M. Withers, Sr., an expert called by the defendant, that in his opinion twelve to fifteen sticks of dynamite were required to cause the damage which was created by the blast and that the use of from nine to eleven sticks would have been hazardous, the verdict is against the weight of the evidence. Lazansky, P. J., Young, Hagarty and Seudder, JJ., concur; Tompkins, J., not voting.

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Judgment reversed upon the law and the facts and a new trial granted, costs to appellant to abide the event. We are of opinion that in the light of the testimony of the witness Robert M. Withers, Sr., an expert called by the defendant, that in his opinion twelve to fifteen sticks of dynamite were required to cause the damage which was created by the blast and that the use of from nine to eleven sticks would have been hazardous, the verdict is against the weight of the evidence. Lazansky, P. J., Young, Hagarty and Seudder, JJ., concur; Tompkins, J., not voting.

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Bluebook (online)

233 A.D. 688, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gallaway-v-walsh-construction-co-nyappdiv-1931.