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Judgment and order affirmed, with costs. All concurred, except McLennan, P. J., who dissented on "the ground that the finding of the jury that there was an opening between the outside edge of the southerly rail and the sidewalk planking, which was the only negligence submitted to the jury, w'as against the weight of the evidence, and also because of errors of the court in refusing to charge as requested.
Document Info
Citation Numbers: 118 A.D. 918, 103 N.Y.S. 1142
Filed Date: 3/15/1907
Precedential Status: Precedential
Modified Date: 11/12/2024