Cunningham v. Nilson

FREEDMAN, P. J.

Upon a former appeal in this case (84 N. Y. Supp. 668) it was held that the evidence presented a question of fact which should have been presented to the jury. Substantially the same state of facts were shown upon the trial from which the present appeal comes up, and the trial judge,, sitting in place of a jury, has decided in favor of the defendant. The judgment must therefore be affirmed, with costs.

Judgment affirmed, with costs. All concur.