Luderer v. MacKay

91 N.Y.S. 1101 Court N.Y. App. Div. Decision date 1905-01-25 English

Contents

Majority

p. 1101

LUDERER, Appellant, v. MACKAY, Respondent.

(Supreme Court, Appellate Division, Fourth Department.

January 25, 1905.)

Headnote

Action by Richard Luderer against Robert A. Maekay.

Judgment and order reversed, and new trial ordered, with costs to the appellant to abide event. Held, that upon all the evidence the plaintiff established a prima facie case, which he was entitled to have submitted to the jury.

McLennan, P. J., dissents. STOVER, J„ not voting.