Doyle v. Foster — 128 A.D. 281

Majority

p. 281

Dennis Doyle, Appellant, v. James C. Foster, Respondent.

(No. 2.)

First Department,

October 23, 1908.

Headnote

(See head note in Doyle v. Foster, No. 1, ante,, p. 279.)

Appeal by the plaintiff, Dennis Doyle, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 24th day of March, 1908, upon. the dismissal of the complaint by direction of the court at the close of plaintiff’s case upon a trial at the New York Trial Term.

I. Henry Harris, for the appellant.

William S. Cogswell, for the respondent.

The same question is presented in this case as in the case of Doyle v. Foster, No. 1 ( 128 App. Div. 279 ), decided herewith. For the reasons there stated the judgment appealed from must be reversed and a new trial ordered, with costs to the'appellant to abide the event.

Patterson, P. J., Laughlin, Clarke and Scott, JJ., concurred.

Judgment reversed, new trial ordered, costs to appellant to abide event.