Grant v. National Railway Spring Co.

On the first trial of this case there was a verdict for plaintiff. On appeal to this court ( 84 App. Div. 632 . 82 N. Y. Supp. 1101 ) one of our members was disqualified to sit, and the other four were equally divided, and therefore the case was sent to the Third Department. The judgment was there reversed, and a new trial ordered. 86 App. Div. 593 , 83 N. Y. Supp. 1021 . Upon a second trial the plaintiff was nonsuited, and on appeal to this court there was a unanimous affirmance ( 121 N. Y. Supp. 1133 ), following the decision of the Third Department. But, inasmuch as our court differed so widely in opinion in the case, we think there is sufficient doubt to warrant us in granting the motion to appeal to the Court of Appeals.