110 A.D. 899
Appellate Division of the Supreme Court of the State of New York
Decided December 15, 1905
Appellate Division of the Supreme Court of the State of New York · decided 1905-12-15
While the evidence in this case may be slight, we think there was sufficient to ' carry the case to the jury on the question of the liability of the respondent to pay the plaintiffs’ claim, and that a nonsuit was accordingly improper. Judgment and order reversed and new trial granted, costs to abide the final award of costs.
Decided 1905-12-15
¶1Hirschberg, P. J., Bartlett and Rich, JJ., concurred; Jéuks, J., read for affirmance, with whom Woodward, J., concurred.
¶2Appeal by the plaintiffs from a judgment of the Supreme Court, entered in the office of the clerk of Richmond, county on the 22d day of October, 1903, and also from an order, entered in the same "office on the 13th day of November, 1903, denying plaintiffs’ motion for a new trial.