Woolsey v. Western Union Telegraph Co. , 271 A.D.2d 909 ( 1946 )

Appeal from judgments, Madison Trial Term, rendered upon the theory that defendant was either negligent or a trespasser. The record is not clear as to the theory upon which the jury rendered a verdict. There is scant, if any, proof of negligence and the theory of trespass was not clearly presented to the jury. Judgments reversed, on the law and facts, and a new trial granted, with costs to appellant to abide the event. All concur. [See post, p. 1040.]