Appellate Division of the Supreme Court of New York, 1924

Scanlon v. Stevens

Scanlon v. Stevens
Appellate Division of the Supreme Court of New York · Decided November 15, 1924 · Clark, Crouch, Davis, Error, Hubbs, Referred, Reversal, Taylor, That
211 A.D. 833
Scanlon v. Stevens

Opinion of the Court

Judgment and orders affirmed, with costs, on the ground that the error in the court’s instruction in response to the inquiry of the jury as to what would constitute prescriptive rights, may be disregarded, as not affecting any substantial right of the defendant. (Civ. Prae. Act, § 106.) It did not bear on any issue submitted under the evidence.

Clark, Davis, Crouch and Taylor, JJ., concur; Hubbs, P. J., dissents and votes for reversal on the ground that the charge referred to constitutes reversible error.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.