Lathrop v. Mathers — 135 N.Y.S. 1123

Majority

p. 1123

LATHROP v. MATHERS et al.

(Supreme Court, Appellate Division, First Department.

May 31, 1912.)

Headnote

Appeal from Trial Term, New York County. Action by George A. Lathrop, Jr., against Joseph Mathers and others. From a judgment for plaintiff, and from an order denying a new trial, defendants appeal. Reversed, and new trial ordered.

See, also, 143 App. Div. 376 , 128 N. Y. Supp. 492 .

Abraham Gruber, of New York City, for appellants. Jonathan Deyo, of New York City, for respondent.

We think that the court was in error in charging the jury as matter of law that there was a lack of probable cause for the arrest in question, and that upon the evidence it was a question for the jury to decide upon the facts existing at the time of the arrest as to whether or not there was a lack of probable cause. That question, therefore, should have been submitted to the jury. Judgment and order reversed, and new trial ordered, costs to appellant to abide event.