Adams v. White Construction Co., Inc.

Full title: WILLIAM H. ADAMS, Appellant, v. WHITE CONSTRUCTION CO., INC., Respondent

Court: Court of Appeals of the State of New York

Date published: May 26, 1949

87 N.E.2d 52 (N.Y. 1949)

87 N.E.2d 52

Opinion

Argued April 19, 1949

Decided May 26, 1949

Appeal from the Supreme Court, Appellate Division, Second Department, WENZEL, J.

Robert McGowan Smith for appellant.

Albert P. Thill and John P. Smith for respondent.

Judgments reversed and a new trial granted, with costs to abide the event, upon the ground that the evidence received in support of plaintiff's case was prima facie proof of defendant's negligence. No opinion.

Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and BROMLEY, JJ.