ROBERTS v. VASTOLA


282 A.D. 1011 (1953)

Alice Roberts, as Administratrix of The Estate of Thomas M. Roberts, Deceased, Respondent, v. Francis J. Vastola et al., Appellants

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

November 19, 1953.


Judgment and order reversed on the law and facts and a new trial granted, with costs to appellants to abide the event, upon the ground that the finding of defendants' negligence and plaintiff's freedom from contributory negligence was against the weight of evidence.

All concur for reversal and granting a new trial as to both defendants, except Vaughan and Piper, JJ., who vote for dismissal of the complaint as to defendant City of Buffalo upon the ground that the evidence...

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