Sussex Fire Insurance v. John Petrossi Co.

Appellate Division of the Supreme Court of New York

Sussex Fire Insurance v. John Petrossi Co.

244 A.D. 881

Appellate Division of the Supreme Court of the State of New York·Decided May 15, 1935·Published

Opinion

Judgment affirmed, with costs. All concur, except Sears, P. J., and Taylor, J., who dissent and vote for reversal on the facts and a new trial on the ground that the finding of freedom from contributory negligence on the part of the insured was against the weight of the evidence. (The judgment affirms a City Court judgment in an action to recover the amount paid for a fire loss caused through defendant’s negligence.) Present — Sears, P. J., Taylor, Thompson, Crosby and Lewis, JJ.

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Judgment affirmed, with costs. All concur, except Sears, P. J., and Taylor, J., who dissent and vote for reversal on the facts and a new trial on the ground that the finding of freedom from contributory negligence on the part of the insured was against the weight of the evidence. (The judgment affirms a City Court judgment in an action to recover the amount paid for a fire loss caused through defendant’s negligence.) Present — Sears, P. J., Taylor, Thompson, Crosby and Lewis, JJ.

Sussex Fire Insurance v. John Petrossi Co., 244 A.D. 881 (N.Y. Ct. App. 1935).

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