Appellate Division of the Supreme Court of New York, 1910

Wiedman v. Kinzly

Wiedman v. Kinzly
Appellate Division of the Supreme Court of New York · Decided October 15, 1910
140 A.D. 919; 125 N.Y.S. 1149
Wiedman v. Kinzly

Opinion of the Court

Judgment and order reversed and new trial ordered, with costs to appellant to abide event. Held, that the court erred in charging the jury as matter of law that the defendant was justified in arresting the plaintiff and taking him into custody. All concurred, except McLennan, P. J., and Williams, J., who dissented upon the ground that there was a misunderstanding between the court and counsel, and upon the disagree- *920■ ment occurring the court then left to the jury the question of plaintiff’s right to recover.

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