Appellate Division of the Supreme Court of New York, 1924

Riordan v. Moore

Appellate Division of the Supreme Court of New York · Decided December 15, 1924 · Charge, Duties, Jayeox, Jury, Kapper, Kelby, Kelly, Obligations, Parties, Pre, Sented, Taken, That, Trial, Upon, Whole, Young

211 A.D. 870

Opinion of the Court

Judgment reversed upon the law and a new trial granted, with costs to abide the event, on the. ground that the court erred in its charge at folio 395 of the record, and in refusing to charge the request at folio 407.

Jayeox, *871Kelby, Young and Kapper, JJ., concur; Kelly, P. J., dissents, and votes to affirm, upon the ground that the charge of the trial court, taken as a whole, fairly pre7 sented the duties and obligations of the parties to the jury.

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