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Geelan v. Bahr

152 N.Y.S. 1112 Court N.Y. App. Div. Decision date 1915-04-23 Docket No. 7130 English

Decision Majority — PER CURIAM. · Dissent — McLAUGHLIN, J. (dissenting).

Contents
p. 1112
GEELAN v. BAHR et al.
(No. 7130.)
(Supreme Court, Appellate Division, First Department.
April 23, 1915.)

Headnote

Appeal from Trial Term, New York County. Action by John Geelan against Henry D. Bahr and another. From a judgment for plaintiff, and from an order-denying a new trial, defendant Bahr appeals. Affirmed. Stephen P. Anderton, of New York.
p. 1113
City, for appellant. Louis Stockier, of New York City, for respondent.

Judgment and order affirmed, with costs. Order filed.

I think that the court erred in refusing to charge the jury “that, if the jury find that this accident happened entirely by reason of the fact that the left-hand horse shied and forced the wagon over against the car, then under the issues presented in this case their verdict must be for the defendant Bahr.” I therefore dissent, and vote to reverse the judgment and order appealed from, and for a new trial as to the defendant Bahr.

SCOTT, J., concurs.