Majority
p. 1144ROBISON et al. v. MERBAUM et al. (Supreme Court, Appellate Term, First Department. May 8, 1913.)
Headnote
Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action by Louis Robison and others against Jacob Merbaum and another. From a judgment for plaintiffs, defendants appeal. Reversed, and new trial ordered. Boudin & Liebman, of New York City (L. B. Boudin, of New York City, of counsel), for appellants. Eugene Cohn and Julius Levy, both of New York City, for respondents.No proper rule of damages was laid down by the court in its charge to the jury, and on an examination of the whole record we are satisfied that there should be a new trial of this case. The questions put by the court at page 94 of the minutes, which were duly excepted to, cannot but fail to have affected the jury in arriving at their determination. Judgfnent reversed, and new trial ordered, with costs' to appellants to abide the event. . . , . ...