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Tansley v. Higgins

94 N.Y.S. 1164 Court N.Y. App. Term Decision date 1905-06-26 English

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p. 1164
TANSLEY, Respondent, v. HIGGINS et al., Appellants.
(Supreme Court, Appellate Term.
June 26, 1905.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, Thirteenth District. Action by Charles W. Tansley against William A. Higgins and another. From a judgment in favor of plaintiff, defendants appeal.
Reversed.
A. T. Stoutenburfan, for appellants.
Isidore Hershfield, for respondent.

The case for the plaintiff is no stronger than that which was considered upon the former appeal. 88 N. Y. Supp. 1005 . As the judgment then was clearly against the evidence, so is the verdict and judgment now. The same considerations which called .for the reversal of the former judgment equally call for a reversal of this judgment. Judgment reversed, and new trial granted, with costs to appellants to abide the event.