Opas v. Dr. Savage Physical Development Institute, Ltd.

Appellate Division of the Supreme Court of New York

Opas v. Dr. Savage Physical Development Institute, Ltd.

243 A.D. 515

Appellate Division of the Supreme Court of the State of New York·Decided December 15, 1934·Published

Opinion

Judgment reversed and a new trial ordered, with costs to the appellants to abide the event, upon the ground that the testimony was sufficient to have justified the jury in finding both defendants negligent, and that the issue of the defendants’ negligence should have been submitted to the jury. Present — Finch, P. J., Merrell, Townley, Glennon and Untermyer, JJ.; Glennon, J., dissents and votes for affirmance.

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Judgment reversed and a new trial ordered, with costs to the appellants to abide the event, upon the ground that the testimony was sufficient to have justified the jury in finding both defendants negligent, and that the issue of the defendants’ negligence should have been submitted to the jury. Present — Finch, P. J., Merrell, Townley, Glennon and Untermyer, JJ.; Glennon, J., dissents and votes for affirmance.

Opas v. Dr. Savage Physical Development Institute, Ltd., 243 A.D. 515 (N.Y. Ct. App. 1934).

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