Faigle v. Bockroth — 140 N.Y.S. 1118

Majority

p. 1118

FAIGLE, Respondent, v. BOCKROTH et al., Appellants.

(Supreme Court, Appellate Division, Second Department.

February 7, 1913.)

Headnote

Action by John Faigle against Henry Bockroth and another.

Judgment and order reversed, and new trial granted, costs to abide event, on the ground that it was error to charge that the jury could find the defendant liable, even if the ladder was shifted. The weight of evidence is that it was shifted. Motion for reargument denied, 140 N. Y. Supp. 1118.

WOODWARD and RICH, JJ., dissent.