Kelly v. Dykes

Appellate Division of the Supreme Court of New York

Kelly v. Dykes

186 A.D. 893

Procedural entryThis page is a short order in Kelly v. Dykes. Read the opinion of the Court — 174 A.D. 786 →

Appellate Division of the Supreme Court of the State of New York·Decided November 15, 1918·Published

Opinion

Judgment and order reversed and new trial ordered, with costs to appellants to abide event, on the ground that the finding of the jury that the defendant was negligent is against the weight of the evidence, inasmuch as the plaintiff failed to prove the custom ordinarily followed requiring the lashing of planks independently to the pier in question. Present — Clarke, P. J., Laughlin, Dowling, Page and Merrell, JJ.; Laughlin, J., dissented.

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Judgment and order reversed and new trial ordered, with costs to appellants to abide event, on the ground that the finding of the jury that the defendant was negligent is against the weight of the evidence, inasmuch as the plaintiff failed to prove the custom ordinarily followed requiring the lashing of planks independently to the pier in question. Present — Clarke, P. J., Laughlin, Dowling, Page and Merrell, JJ.; Laughlin, J., dissented.

Kelly v. Dykes, 186 A.D. 893 (N.Y. Ct. App. 1918).

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