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Curran v. Higgins

Appellate Division of the Supreme Court of New York, Third Department
May 1, 1927
220 App. Div. 796 (N.Y. App. Div. 1927)

Opinion

May, 1927.


Order affirmed, with costs. Cochrane, P.J., Van Kirk and Whitmyer, JJ., concur; McCann and Davis, JJ., dissent and vote for reversal of the order and to reinstate the verdict, on the ground that there was a disputed question of fact as to the negligence of both parties, which was fairly submitted to the jury, and this is the second verdict for the defendant, and it should be given finality. ( Gutman v. Weisbarth, 194 App. Div. 351, 354; Dashnau v. City of Oswego, 204 id. 189.)


Summaries of

Curran v. Higgins

Appellate Division of the Supreme Court of New York, Third Department
May 1, 1927
220 App. Div. 796 (N.Y. App. Div. 1927)
Case details for

Curran v. Higgins

Case Details

Full title:THOMAS A. CURRAN, Respondent, v. WALTER HIGGINS, Appellant

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

Date published: May 1, 1927

Citations

220 App. Div. 796 (N.Y. App. Div. 1927)