Shapiro v. Rosenthal

We think upon this evidence the court was required to submit the question as to the defendant’s liability to the jury. The judgment is, therefore, reversed, and a new trial ordered, with costs to appellant to abide the event. Present — Ingraham, P. J., McLaughlin, Laughlin, Scott and Dowling, JJ.; Ingraham, P. J., and Dowling, J., dissented and voted to affirm. Judgment reversed, new trial ordered, costs to appellant to abide event.