Appellate Division of the Supreme Court of New York, 1905

Fogarty v. General Chemical Co.

Fogarty v. General Chemical Co.
Appellate Division of the Supreme Court of New York · Decided December 15, 1905
110 A.D. 917; 96 N.Y.S. 1125
Fogarty v. General Chemical Co.

Opinion of the Court

Judgment and order in each case reversed and now trial granted, costs to abide the event, for error at folio 231 of the case on appeal, in instructing the jury that they could not find for the plaintiffs unless they found that the hooks in question were bent or broken. This instruction, in our judgment, limited the issue to a narrower *918compass than was permissible under the pleadings and proof. - Hirschberg, P. J., Bartlett, Woodward, Jenks and Hooker, JJ., concurred,

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