Majority
p. 1139PARMLEE, Respondent, v. ASSOCIATED PHYSICIANS & SURGEONS, Appellant. (Common Pleas of New York City and County, General Term. April 26, 1894.)
Headnote
Appeal from sixth district court.Action by Samuel B. Parmlee against the Associated Physicians & Surgeons. Argued before BOOKSTAYER and BISCHOFF, JJ.
W. M. Adee, for appellant.
D. B. Simpson, for respondent.
We think the judgment should be reversed and a new trial ordered, on the authority of Bohm v. Brewery Co., 9 N. Y. Supp. 514 ; Rathbun v. Snow, 3 N. Y. Supp. 925 , affirmed 123 N. Y. 343 , 25 N. E. 379 ; and Westervelt v. Radde, 7 Daly, 326 ; costs to appellant, to abide the event.
Cases cited
- Rathbun v. Snow 123 N. Y. 343 p. 1139