General
Patrick Fogarty, Appellant, v. General Chemical Company, Respondent; John Fleming, Appellant, v. General Chemical Company, Respondent
110 A.D. 917·New York Supreme Court, Appellate Division·1905·NY
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Opinion
Patrick Fogarty, Appellant, v. General Chemical Company, Respondent. John Fleming, Appellant, v. General Chemical Company, Respondent.
[MAJORITY]
Judgment and order in each case reversed and now 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. - Hirschberg, P. J., Bartlett, Woodward, Jenks and Hooker, JJ., concurred,