171 A.D. 246
Appellate Division of the Supreme Court of the State of New York
Decided February 4, 1916
Appellate Division of the Supreme Court of the State of New York · decided 1916-02-04
Appeal by the defendant, Walter 0. Hatch, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 25th day of September, 1915, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 17th day of September, 1915, denying appellant’s motion for anew trial made upon the minutes.
Cited by 4 later decisions — most recently August 1953
2 federal appellate ·
Good law ✅— No negative treatment on recordhow we know
Decided 1916-02-04
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¶1I concur in the reversal of this judgment upon the error in the charge pointed out by Mr. Justice McLaughlin, but I think a question of fact is presented which requires submission to a jury. I, therefore, vote to reverse and grant a new trial, with costs to the appellant to abide the event.
¶2Laughlin, J., concurred.■
¶3Judgment as to above-named defendant reversed, with costs, and complaint dismissed, with costs.