Scharff v. Jackson — 138 N.Y.S. 1140

Majority

p. 1140

SCHARFF, Respondent, v. JACKSON, Appellant.

(Supreme Court, Appellate Division, Third Department-

November 22, 1912.)

Headnote

Action by William Scharff against John H. Jackson.

Judgment and order reversed, and new trial granted,.with costs to ap

Dissent

p. 1141

pellant to abide event, upon the ground that the court erred in admitting the evidence of plaintiffs income from the farm prior to the employment in question; KELLOGG, J., being also of the opinion that there was not sufficient evidence to go to the jury on the question of defendant’s negligence.

dissent, upon the ground that the error in the admission of evidence was harmless, bearing only upon the question of damages, and, the verdict being only moderate in amount, the error should be disregarded, under the power given to the court under section 1317 of the Code of Civil Procedure.