Appellate Division of the Supreme Court of New York, 1908

Stelzenmuller v. See Saw Pleasure Railway Co.

Stelzenmuller v. See Saw Pleasure Railway Co.
Appellate Division of the Supreme Court of New York · Decided December 15, 1908
129 A.D. 926; 114 N.Y.S. 1148
Stelzenmuller v. See Saw Pleasure Railway Co.

Opinion of the Court

Judgment of the Municipal Court reversed and new trial ordered, costs to abide the event, on the ground that the question whether the plaintiff had broken the contract and thereby justified his discharge should have been submitted to the jury. Woodward, Jenks, Hooker, Gaynor and Miller, JJ., concurred.

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