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Clarkson v. Smith

Appellate Division of the Supreme Court of New York, Fourth Department
May 1, 1927
220 App. Div. 808 (N.Y. App. Div. 1927)

Opinion

May, 1927.

Present — Hubbs, P.J., Sears, Crouch, Taylor and Sawyer, JJ.


Judgment and order reversed upon the law and a new trial granted, with costs to the appellant to abide event, on the ground that upon the evidence the acts of the defendant's employee in the emergency presented were not negligent. A new trial is, however, granted, because other allegations of negligent conduct on the part of defendant's employee are set forth in the complaint and the plaintiff may be able on the new trial to establish negligence in accordance with such other allegations. All concur.


Summaries of

Clarkson v. Smith

Appellate Division of the Supreme Court of New York, Fourth Department
May 1, 1927
220 App. Div. 808 (N.Y. App. Div. 1927)
Case details for

Clarkson v. Smith

Case Details

Full title:GEORGE H. CLARKSON, Respondent, v. BURNS LYMAN SMITH, Appellant

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

Date published: May 1, 1927

Citations

220 App. Div. 808 (N.Y. App. Div. 1927)