Thomas Ward Coal Co. v. Behn — 153 A.D. 888

Majority

p. 888

Thomas Ward Coal Company, Appellant, v. Adolph Behn, Respondent,

Headnote

Appeal from a judgment of the Supreme Court, entered on the 13th day of March, 1013, upon the verdict of a jury, and from an order entered on the 15th day of March, 1013, denying a motion for a new trial.

The judgment and order should be reversed and a new trial ordered, with costs to the appellant to abide the event, upon the

p. 889

ground that the verdict of the jury in favor of the defendant was not supported by the evidence. The defendant either did not deny or he admitted that he spoke the words complained of concerning the business which was being conducted by the plaintiff at the time. Ingraham, P. J., Laughlin, Miller and Dowling, JJ., concurred; McLaughlin, J., dissented. Judgment and order reversed, new trial ordered, costs to appellant to abide event. Order to be settled on notice.