JACKSON v. SYMINGTON GOULD CORP.


279 A.D. 845 (1952)

Richard A. Jackson, Appellant, v. Symington Gould Corporation et al., Respondents, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

January 18, 1952.


Judgments affirmed, without costs of this appeal to any party.

All concur, except McCurn and Wheeler, JJ., who dissent and vote for reversal and for granting a new trial in the following memorandum:

We dissent and vote for reversal and a new trial upon the ground that the evidence presents a question of fact as to whether the character of the oxygen in its environment in the manhole was such that it became a dangerous agency not necessary to the conduct of...

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