¶1— Interlocutory judgment reversed and new trial granted, with costs to plaintiff to abide the event, on the ground that there is no sufficient evidence of adulterous act save on a single occasion at Hawleyville, and as to that the evidence shows that the possible range of vision did not permit the view to which the inculpating witness testified. Hence the finding is against the weight of evidence. Jenks, P. J., Burr, Thomas and Putnam, JJ., concurred; Carr, J., voted for affirmance.
159 A.D. 925
Siebrecht v. Siebrecht
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1913
Appellate Division of the Supreme Court of the State of New York · decided 1913-11-15
Decided 1913-11-15