Linehan v. Nelson — 115 N.Y.S. 1128

p. 1128

LINEHAN, Appellant, v. NELSON, Respondent.

(Supreme Court, Appellate Division,

p. 1129

Fourth Department.

February 3, 1909.)

Headnote

Action by Jerry Linehan against Frank J. Nelson.

Judgment and order affired, with costs.

dissent, upon the ground that prejudicial errors were committed in the reception of evidence and in the instruction to the jury upon the request of the counsel for the defendant, and also for the reason that on the undisputed evidence the plaintiff is entitled to recover.