Riordan v. Moore

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 1924

Appellate Division of the Supreme Court of the State of New York · decided 1924-12-15

Decided 1924-12-15

¶1Judgment reversed upon the law and a new trial granted, with costs to abide the event, on the. ground that the court erred in its charge at folio 395 of the record, and in refusing to charge the request at folio 407.

Jayeox, *871Kelby, Young and Kapper, JJ., concur; Kelly, P. J., dissents, and votes to affirm, upon the ground that the charge of the trial court, taken as a whole, fairly pre7 sented the duties and obligations of the parties to the jury.