SHARP v. CITY OF HORNELL


12 A.D.2d 1002 (1961)

Raymond H. Sharp, Respondent, v. City of Hornell et al., Appellants

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

February 23, 1961


Judgment and order unanimously reversed on the law and facts and a new trial granted, with costs to the appellants to abide the event.

Memorandum:

The finding of negligence implicit in the jury's verdict for the plaintiff was against the weight of the evidence. The testimony as to the place where plaintiff fell or the cause for his fall was speculative and conjectural. The only testimony of any difference in elevation between the sidewalk blocks where plaintiff...

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