Appellate Division of the Supreme Court of New York, 1948

Chapman v. Harang

Chapman v. Harang
Appellate Division of the Supreme Court of New York · Decided October 29, 1948
274 A.D. 907; 83 N.Y.S.2d 99; 1948 N.Y. App. Div. LEXIS 3991
Chapman v. Harang

Opinion of the Court

In an action to recover fees for breeding services of respondent’s stallion with appellant’s mare, and for damages for negligence in allowing such breeding, judgment of the County Court of Hassau County in favor of respondent and against appellant reversed on the facts on the ground that the verdict is against the weight of evidence and a new trial ordered, costs to abide the event. As there is to be a new trial, it is unnecessary to consider the errors alleged to have occurred *908on the first trial. On the new trial it is not likely that there will be a recurrence of the errors alleged. Carswell, Acting P. J., Adel, Nolan, Sneed and Wenzel, JJ., concur.

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