116 A.D. 289
Appellate Division of the Supreme Court of the State of New York
Decided December 7, 1906
Appellate Division of the Supreme Court of the State of New York · decided 1906-12-07
Appeal by the defendant, Louis Schoolherr, from a judgment of the Supreme Court in favor of the pláintiff, entered, in the office of the clerk of the county of New York on the 13th day of November, 1905, upon the verdict of a jury for $2,500, and also from an order entered in said clerk’s office on the 25tli day of October, 1905, denying the defendant’s motion for a new trial made upon the minutes.
Decided 1906-12-07
¶1The evidence is insufficient to sustain a finding that the plaintiff’s injuries were due to defendant’s negligence. It is also insufficient to sustain a finding that the missing slats were the proximate cause of injury.
¶2I, therefore, dissent.
¶3Houghton, J., concurred.
¶4Judgment and order affirmed, with'costs. Order filed.