Gorman v. McCulloch — 60 N.Y.S. 1139

Majority

p. 1139

GORMAN, Respondent, v. McCULLOCH, Appellant.

(Supreme Court, Appellate Term.

October 4, 1899.)

Headnote

Action by Josephine Gorman against Frances McCulloch. Judgment for plaintiff. Defendant appeals.

Reversed.

Brit-ton H. Tabor, for appellant.

Epstein Bros., for respondent.

The result by the trial justice is not satisfactory. The evidence with reference to the nature of the services rendered by the plaintiff and the conditions attached to her employment are not satisfactorily disclosed by the evidence. Therefore justice dictates that there should be a retrial of the cause, in order that more direct and convincing proof upon those questions may be presented. Judgment reversed, and new trial ordered, with costs to the appellant to abide the event.