Pedicini v. Brooklyn, Queens County & Suburban Railroad

Appellate Division of the Supreme Court of New York

Pedicini v. Brooklyn, Queens County & Suburban Railroad

173 A.D. 906

Appellate Division of the Supreme Court of the State of New York·Decided March 15, 1916·Published

Opinion

—Without consideration of the question of contributory negligence, the judgment and order of the County Court of Queens county are reversed, and a new trial ordered, costs to abide the event, upon the ground that the finding of negligence was against the weight of evidence. (See Jackson v. Union Railway Company, 77 App. Div. 161, and Pappus v. Metropolitan StreetR. Co., 82 id. 13,18.) Jenks, P. J., Thomas, Carr and, Putnam, JJ., concurred; Rich, J., voted for affirmance.

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—Without consideration of the question of contributory negligence, the judgment and order of the County Court of Queens county are reversed, and a new trial ordered, costs to abide the event, upon the ground that the finding of negligence was against the weight of evidence. (See Jackson v. Union Railway Company, 77 App. Div. 161, and Pappus v. Metropolitan StreetR. Co., 82 id. 13,18.) Jenks, P. J., Thomas, Carr and, Putnam, JJ., concurred; Rich, J., voted for affirmance.

Pedicini v. Brooklyn, Queens County & Suburban Railroad, 173 A.D. 906 (N.Y. Ct. App. 1916).

Pincite

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Opinion

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