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McAden v. Olympic Amusement Co.

200 A.D. 884 Court N.Y. App. Div. English

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Majority

p. 884
Edmund D. McAden, Respondent, v. Olympic Amusement Company, Appellant.

Judgment and order reversed and new trial granted, with costs to appellant to abide event. Held, that it was error to charge that as to plaintiff’s disorderly conduct, it was obligatory upon the defendant to prove that by a fair preponderance of evidence. All concur, except Kruse, P. J., and Davis, J., who dissent and vote for affirmance.