Doerr v. City of New York

Full title: JOHN J. DOERR, Respondent, v . THE CITY OF NEW YORK, Appellant

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

Date published: Apr 1, 1915

168 App. Div. 889 (N.Y. App. Div. 1915)

Opinion

April, 1915.

Present — Ingraham, P.J., Clarke, Scott, Dowling and Hotchkiss, JJ.

PER CURIAM:

We think that the evidence fails to sustain a finding of negligence on the part of the defendant, and that the court should have granted the motion of the defendant at the end of the case to dismiss the complaint, to the denial of which the defendant excepted. The finding of the jury that the defendant was guilty of negligence is, therefore, reversed and the judgment and order appealed from are reversed, with costs, and the complaint dismissed, with costs.

PER CURIAM:

Judgment and order reversed, with costs, and complaint dismissed, with costs.