Hannan v. Antwig, Inc.

Appellate Division of the Supreme Court of New York

Hannan v. Antwig, Inc.

254 A.D. 840, 6 N.Y.S.2d 335, 1938 N.Y. App. Div. LEXIS 7887

Appellate Division of the Supreme Court of the State of New York·Decided June 17, 1938·Published

Opinion

Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event. Over exception the court charged the jury that they [841]*841might find that plaintiff slipped on the sidewalk. There was no testimony to support such a finding of fact. The error was substantial. In addition the verdict was against the weight of the evidence. Present — O’Malley, Townley, Glennon, Cohn and Callahan, JJ.

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Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event. Over exception the court charged the jury that they [841]*841might find that plaintiff slipped on the sidewalk. There was no testimony to support such a finding of fact. The error was substantial. In addition the verdict was against the weight of the evidence. Present — O’Malley, Townley, Glennon, Cohn and Callahan, JJ.

Hannan v. Antwig, Inc., 254 A.D. 840, 6 N.Y.S.2d 335, 1938 N.Y. App. Div. LEXIS 7887 (N.Y. Ct. App. 1938).

Pincite

254 A.D. 840 (Hannan v. Antwig, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.