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Per Curiam: We think upon this evidence the court was required to submit the question as to the defendant’s liability to the jury. The judgment is, therefore, reversed, and a new trial ordered, with costs to appellant to abide the event. Present — Ingraham, P. J., McLaughlin, Laughlin, Scott and Dowling, JJ.; Ingraham, P. J., and Dowling, J., dissented and voted to affirm. Judgment reversed, new trial ordered, costs to appellant to abide event.
Document Info
Filed Date: 12/15/1915
Precedential Status: Precedential
Modified Date: 10/27/2024