Riordan v. Moore

211 A.D. 870 Court N.Y. App. Div. English

Judges Jayeox, Kelby, Young and Kapper, JJ., concur; Kelly, P. J., dissents, and votes to affirm, upon the ground that the charge of the trial court, taken as a whole, fairly pre7 sented the duties and obligations of the parties to the jury.

Majority

p. 870

William Riordan, Appellant, v. Clarine L. Moore and Herbert Schaefer, Respondents.

Judgment reversed upon the law and a new trial granted, with costs to abide the event, on the. ground that the court erred in its charge at folio 395 of the record, and in refusing to charge the request at folio 407.

Jayeox,

p. 871

Kelby, Young and Kapper, JJ., concur; Kelly, P. J., dissents, and votes to affirm, upon the ground that the charge of the trial court, taken as a whole, fairly pre7 sented the duties and obligations of the parties to the jury.