Hyperlawhypertext legal database Fogarty v. General Chemical Co. 96 N.Y.S. 1125

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Fogarty v. General Chemical Co.

96 N.Y.S. 1125 Court N.Y. App. Div. Decision date 1905-12-29 English

Contents

Majority

p. 1125
FOGARTY, Appellant, v. GENERAL CHEMICAL CO., Respondent. FLEMING, Appellant, v. SAME.
(Supreme Court, Appellate Division, Second Department.
December 29, 1905.)

Headnote

Actions by Patrick Fogarty and John Fleming against the General Chemical Company.

Judgment and order in each case reversed, and new trial granted, costs to abide the event, for error at folio 231 of the case on appeal, in instructing the jury that they could not find for the plaintiffs, unless they found that the hooks in question were bent or broken. This instruction in our judgment limited the issue to a narrower compass than was permissible under the pleadings and proof.