Spies v. Engel

235 A.D. 711 Court N.Y. App. Div. English

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Majority

p. 711

John Spies, Appellant, Respondent, v. Walter Engel, Respondent, Appellant.

Judgment and order reversed and a new trial ordered, with costs to abide the event. The verdict is clearly a compromise verdict. If the defendant is liable for damages the amount allowed is inadequate. If the defendant is not liable there should be a judgment for the defendant. Present ■— Finch, P. J., Merrell, McAvoy, Martin and Sherman, JJ.