Stoyanovich v. Ebling Realty Company

Full title: MARY STOYANOVICH, Respondent, v . EBLING REALTY COMPANY, Appellant

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

Date published: May 1, 1916

173 App. Div. 962 (N.Y. App. Div. 1916)

Opinion

May, 1916.

Present — Clarke, P.J., McLaughlin, Laughlin, Scott and Dowling, JJ.; Dowling, J., dissented and voted for affirmance.

PER CURIAM:

We are of opinion that the findings of the jury that the plaintiff was free from contributory negligence and that the defendant was negligent are against the weight of the evidence. The judgment and order appealed from are, therefore, reversed and a new trial ordered, with costs to appellant to abide the event.

PER CURIAM:

Judgment and order reversed, and new trial ordered, with costs to appellant to abide event.