O'Rourke v. Castagnola
This text of 242 A.D. 638 (O'Rourke v. Castagnola) 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.
Opinion
Judgment reversed on the law and the facts and a new trial granted, costs to abide the event, on the ground that it was admitted that the posts and wires were placed by the defendants in close proximity to the sidewalk and within the boundaries of the street and that the plaintiff tripped and fell thereon; that the verdict is against the weight of evidence on the question of contributory negligence; and that it was error not to submit to the jury the question of the maintenance of a nuisance by defendants as plaintiff requested. Lazansky, P. J., Young, Kapper, Tompkins and Davis, JJ., concur.
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242 A.D. 638, Counsel Stack Legal Research, https://law.counselstack.com/opinion/orourke-v-castagnola-nyappdiv-1934.