Carroll v. Toplitz — 60 N.Y.S. 1134

Majority

p. 1134

CARROLL et al., Respondents, v. TOPLITZ, Appellant.

(City Court of New York,

General Term.

May, 1899.)

H. L. Toplitz, for appellant.

Mulqueen & Mulqueen, for respondents.

This case was fairly, and we think properly, submitted to the jury. Upon the question which the jury were to, and did, pass on, we find no ground for any claim that they have found through prejudice, sympathy, or passion; and therefore, unless there is clearly some error of law, we cannot and will not disturb the verdict of the jury. It is true that many objections have been taken during the trial, but we do not, after careful examination, find reasonable error. Judgment affirmed, with costs.

OLCOTT, J., concurs.