O'Donnell v. City of New York

Full title: CORNELIUS O'DONNELL, Respondent, v. CITY OF NEW YORK, Appellant

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

Date published: Apr 3, 1951

278 App. Div. 752 (N.Y. App. Div. 1951)

Opinion

April 3, 1951.

Present — Peck, P.J., Cohn, Van Voorhis, Shientag and Heffernan, JJ.;

Judgment affirmed, with costs. No opinion.

Van Voorhis, J., dissents and votes to reverse and order a new trial upon the ground that it is physically impossible for the accident to have occurred in the manner in which plaintiff testified and that the verdict is clearly contrary to the weight of the evidence.