Appellate Division of the Supreme Court of New York, 1913

Huested v. Richmond Light & Railroad

Huested v. Richmond Light & Railroad
Appellate Division of the Supreme Court of New York · Decided April 15, 1913
156 A.D. 918; 141 N.Y.S. 1124
Huested v. Richmond Light & Railroad

Opinion of the Court

Judgment reversed and new trial granted, costs to abide the event, upon the ground that the evidence presented an issue which should have been submitted to the jury. . Jenks, P. J., Thomas and Rich, JJ., concurred; Hirsehberg and Burr, JJ., voted to modify the judgment by striking out the words “ upon the merits,” and to affirm the judgment as so modified, without costs. ' ;

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