84 N.Y.S. 669
Appellate Terms of the Supreme Court of New York
Decided November 6, 1903
Appellate Terms of the Supreme Court of New York · decided 1903-11-06
<p>L Appeal—New Tbial—Law op Case.</p> <p>Where, on a former appeal, it was held on reversal that the evidence presented a question of fact for the jury, and on the retrial the judge, sitting in place of a jury, decided in favor of defendant on substantially the same state of facts, his decision will not be disturbed on appeal.</p>
Decided 1903-11-06
¶1Upon a former appeal in this case (84 N. Y. Supp. 668) it was held that the evidence presented a question of fact which should have been presented to the jury. Substantially the same state of facts were shown upon the trial from which the present appeal comes up, and the trial judge,, sitting in place of a jury, has decided in favor of the defendant. The judgment must therefore be affirmed, with costs.
¶2Judgment affirmed, with costs. All concur.