Cunningham v. City of Niagara Falls

Judgment and order reversed on the law, with costs, and complaint dismissed, with costs. Memorandum: On an appeal from a judgment in favor of the plaintiff entered on a verdict rendered at the first trial in this action we reversed the judgment on the law and the facts, and ordered a new trial. A second trial has now been had and another judgment in favor of the plaintiff entered on a jury verdict has resulted. We find no substantial difference between the evidence on the two trials — at least, none sufficient to warrant a different conclusion. The grounds of out decision are stated in the…