¶1We think that there was a question of fact for the jury and that upon the evidence the learned trial judge was not justified in directing a verdict for the defendant. The judgment and order appealed from should be reversed and a new trial ordered, with costs to appellant to abide event. Present — Ingraham, P. J., McLaughlin, Laughlin, Miller and Dowling, JJ.; McLaughlin, J., dissented. Judgment and order reversed and new trial ordered, with costs to appellant to abide event.
148 A.D. 911
Katz v. Lott
Appellate Division of the Supreme Court of the State of New York
Decided January 15, 1912
Appellate Division of the Supreme Court of the State of New York · decided 1912-01-15
<p>Appeal from a judgment entered in the Mew York county clerk’s office on the 23d day of June, 1911, upon a verdict directed by the court and from an order denying a motion for a new trial.</p>
Decided 1912-01-15