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Weidman v. Kinzly

125 N.Y.S. 1149 Court N.Y. App. Div. Decision date 1910-10-19 English

Decision Majority — PER CURIAM. · Dissent — McLennan, P. J., and WILLIAMS, J.,

Contents
p. 1149
WEIDMAN, Appellant, v. KINZLY, Respondent.
(Supreme Court, Appellate Division, Fourth Department.
October 19, 1910.)

Headnote

Action by Edward Weidman, an infant, by guardian ad litem, against Frank Kinzly.

Judgment and order reversed and new trial ordered, with costs to appellant to abide event. Held, that the court erred in charging the jury as matter of law that the defendant was justified in arresting the plaintiff and taking him into custody.

dissent upon the ground that there was a misunderstanding between the court and counsel, and upon the disagreement occurring the court then left to the jury the question of plaintiff’s right to recover.