Appellate Division of the Supreme Court of New York, 1914

Farley v. Fischer

Farley v. Fischer
Appellate Division of the Supreme Court of New York · Decided January 15, 1914
161 A.D. 909; 145 N.Y.S. 1122
Farley v. Fischer

Opinion of the Court

Judgment and order reversed and new trial granted, with costs to appellants to abide event. Held, that it was a question of fact as to whether the sale was a sale of liquor to be drunk on the premises; that the court erred in unqualifiedly charging the jury that the plaintiff was entitled to recover if the liquor sold was drunk on the premises; also in charging the jury as to what acts constitute a violation of the statute.* All concurred; Robson, J., not sitting.

Liquor Tax Law (Consol. Laws, chap. 34; Laws of 1909, chap. 39).— [Rep.

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