Appellate Division of the Supreme Court of New York, 1928

Plumadore v. Krausmann's, Inc.

Plumadore v. Krausmann's, Inc.
Appellate Division of the Supreme Court of New York · Decided November 15, 1928
225 A.D. 728
Plumadore v. Krausmann's, Inc.

Opinion of the Court

Judgment reversed on the law and a new trial granted, with costs to appellants to abide the event, upon the ground that the charge of the court to the effect that there was an arrest of the plaintiff in the Ross store was erroneous, because a question of fact was involved which should have been submitted to the jury. All concur, Taylor, J,, on the further ground that it was for the jury to say whether or not the arrest was illegal, except Sawyer, J., who dissents and votes for affirmance. Present — Hubbs, P. J., Sears, Crouch, Taylor and Sawyer, JJ.

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