Nicolia v. Wickwire Spencer Steel Co.

Appellate Division of the Supreme Court of New York

Nicolia v. Wickwire Spencer Steel Co.

259 A.D. 1067, 22 N.Y.S.2d 202, 1940 N.Y. App. Div. LEXIS 7995

Appellate Division of the Supreme Court of the State of New York·Decided June 28, 1940·Published

Opinion

Judgment and order reversed on the facts áüd a new trial granted, with costs to the appellant to abide the event. Memorandum; The finding of the jury that the disability of the plaintiff came solely from work about the bagging department and in the silo and not from his other work in the employ of the defendant is against the weight of credible evidence. All concur. (The judgment is for plaintiff in an action for damages for personal injuries sustained by reason of contracting silicosis. The order denies a motion for a new trial.) Present — Crosby, P. J., Taylor, Dowling, Harris and MeCum, JJ.

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Judgment and order reversed on the facts áüd a new trial granted, with costs to the appellant to abide the event. Memorandum; The finding of the jury that the disability of the plaintiff came solely from work about the bagging department and in the silo and not from his other work in the employ of the defendant is against the weight of credible evidence. All concur. (The judgment is for plaintiff in an action for damages for personal injuries sustained by reason of contracting silicosis. The order denies a motion for a new trial.) Present — Crosby, P. J., Taylor, Dowling, Harris and MeCum, JJ.

Nicolia v. Wickwire Spencer Steel Co., 259 A.D. 1067, 22 N.Y.S.2d 202, 1940 N.Y. App. Div. LEXIS 7995 (N.Y. Ct. App. 1940).

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