Losche v. Taylor — 72 N.Y.S. 1116

Majority

p. 1116

LOSCHE, Appellant, v. TAYLOR, Respondent.

(City Court of New York,

General Term.

May, 1901.)

Headnote

Action by George F. Losche against James Taylor.

Alvin Summers, for appellant. Theodore Prince, for respondent.

Upon the argument of this appeal, the respondent’s attorney contended that at the trial the methods adopted by the appellant’s attorney and the testimony of his witnesses were so confusing that even the trial justice could not make head or tail of this case. The verdict of the jury also shows that they likewise were confused, and lost sight of the issues involved, because, in spite of the fact that the defendant admitted that he owed the plaintiff $25, they found a verdict in the defendant’s favor. The evidence has also confused us. In view of all the facts and circumstances surrounding this action, we think that the interests of justice will b.e best served by granting a new trial. Judgment reversed, and a new trial ordered.

DELEHANTY and SCOTCHMAN, JJ., concur.