43 Misc. 342
Appellate Terms of the Supreme Court of New York
Decided March 15, 1904
Appellate Terms of the Supreme Court of New York · decided 1904-03-15
Appeal by the defendant from a judgment of the Municipal Court of the city of Hew York, seventh district, borough of Manhattan, rendered in' favor of the plaintiff for $100 damages and costs, upon a trial had before the court without a jury.
Decided 1904-03-15
¶1I cannot concur in the affirmance of the judgment. The closing incidents of the trial mark the method by which the learned justice reached the result arrived at on the trial, and in my judgment his course was erroneous. There are other features in the trial of the case which also force me to believe that justice can but he conserved by a retrial. I, therefore, dissent.
¶2Judgment affirmed, with costs.