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PER CURIAM. We think the questions of fact in this case were proper for the jury, and their verdict is not against the weight of evidence; but in view of the occurrences on the trial, and the charge of the court in relation thereto, we think the ends of justice require that there should be a new trial.
The order appealed from is therefore reversed, and a new trial ordered, .with costs to the appellant to abide the event.
VAN BRUNT, P. J., dissenting.
Document Info
Filed Date: 3/9/1900
Precedential Status: Precedential
Modified Date: 11/12/2024