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Kowalska v. Semelka

129 N.Y.S. 1131 Court N.Y. App. Div. Decision date 1911-05-03 English

Decision Majority — PER CURIAM. · Concurring — SPRING, J.,

Contents
p. 1131
KOWALSKA, Respondent, v. SEMELKA, Appellant.
(Supreme Court, Appellate Division, Fourth Department.
May 3, 1911.)

Headnote

Action by Anna Kowalska against Theophilus Semelka.

Judgment and order reversed, and new trial ordered, with costs to appellant to abide event. Held: (1) That the verdict is contrary to the evidence; (2) that, assuming defendant was guilty of the acts alleged, they were with the consent of the plaintiff; (3) that the trial was conducted in a manner prejudicial to the defendant’s rights in many respects.

concurs in result only.