Majority
p. 885First Department, November, 1907. Joseph Golden, Respondent, v. Herring-Hall-Marvin Safe Company, Appellant.
Headnote
New trial.Appeal from a judgment entered on the 28th day of December, 1906, upon the verdict of a jury in favor of the plaintiff and from an order entered on the 24th day of Decembei-, 1906, denying a motion for a new trial.
The facts disclosed by the evidence in the present case do not differ in any material particular from those involved in Dolan v. Herring-Hall-Marvin Safe Co. ( 105 App. Div. 366 ). Upon the authority of that case the judgment must be reversed and a new trial granted, with costs to the appellant to abide the event. Present — Patterson, P. J., Laughlin, Houghton, Scott and Lambert, JJ. Judgment and order reversed, new trial ordered, costs to appellant to abide event.
Cases cited
- Dolan v. Herring-Hall-Marvin Safe Co. 105 App. Div. 366 p. 885