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Fogelsanger v. Gehres

130 N.Y.S. 1111 Court N.Y. App. Div. Decision date 1911-07-11 English

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

Contents
p. 1111
FOGELSANGER, Respondent, v. GEHRES, Appellant.
(Supreme Court, Appellate Division, Fourth Department.
July 11, 1911.)

Headnote

Action by Calvin Fogelsanger against Anna Gehres.

Judgment and order reversed, and new trial granted, with costs to appellant to abide event. Held, that the trial court should have discharged the jury, when requested to do so by defendant’s counsel, because of repeated inflammatory and improper remarks by plaintiff’s counsel before the jury, after being warned.

dissents, upon the ground that there is no claim made that the verdict is excessive.