Gibson v. Shanks Construction Co., Inc.

Full title: CHILLEON E. GIBSON, Respondent, v. SHANKS CONSTRUCTION CO., INC., Appellant

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 16, 1961

12 A.D.2d 993 (N.Y. App. Div. 1961)

Opinion

February 16, 1961

Appeal from the Erie Trial Term.

Present — Williams, P.J., Bastow, Goldman, McClusky and Henry, JJ.

Judgment and order affirmed, with costs. (Cf. Pezzo v. Paterno, 302 N.Y. 884.) All concur, except Williams, P.J., who dissents and votes to reverse and to grant a new trial on the ground that the determination inherent in the verdict that the plaintiff was free from contributory negligence was against the weight of evidence.