McDonald v. Tonawanda Iron & Steel Co.

93 N.Y.S. 1138 Court N.Y. App. Div. Decision date 1905-05-03 English

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p. 1138

McDONALD, Respondent, v. TONAWANDA IRON & STEEL CO. et al., Appellants.

(Supreme Court, Appellate Division, Fourth Department.

May 3, 1905.)

Headnote

Action by Duncan J. McDonald against the Tonawanda Iron & Steel Company and William M. Mills.

Judgment and order reversed, and new trial ordered, with costs to the appellants to abide event. Held, that the verdict, in so far as it found want of probable cause, was contrary to and against the weight of the evidence.