Katz v. Lott — 133 N.Y.S. 1128

Majority

p. 1128

KATZ v. LOTT.

(Supreme Court, Appellate Division, First Department.

January 26, 1912.)

Headnote

Appeal from Trial Term, New York County. Action by Solomon Katz., an infant, against Charles H. Lott. From a judgment on a verdict directed for defendant, and from an order denying a motion for new trial, plaintiff appeals. Reversed, and new trial ordered.

L. F. Fish, for appellant.

George Hahn, for respondent.

We think that there was a question of fact for the jury, and that upon the evidence the learned trial judge was not justified in directing a verdict for the defendant. The judgment and order appealed from should be reversed, and a new trial ordered, with costs to appellant to abide event.

McLaughlin, j., dissents.