Hindley & Pendleton Company, Inc., Respondent, v. Newman & Carey Subway Construction Company, Inc., Appellant

Hindley & Pendleton Company, Inc., Respondent, v. Newman & Carey Subway Construction Company, Inc., Appellant. The conclusion of the witness Cunningham that $1,583.40 was the reasonable value of his services in repairing and refitting this piping, though not contradicted, did not bind the jury. Issues had first to be determined as to the prior erection of the pipe, the damage to a flange, the kind of bolts, and the reasonable gas pressure which such pipe was expected to withstand. Before the whole cost of the work could be recovered, the jury had to pass on the causes for such work and to what extent plaintiff was answerable therefor. Hence the court properly declined to instruct the jury that it was bound by the testimony as to the value of the service in fixing the pipe. In view of the many elements entering into the verdict, we cannot say ‘it was error to refuse to set it aside, as against the weight of the evidence. The judgment and order are, therefore, unanimously affirmed, with costs. [MAJORITY] Present— Jenks, P. J., Thomas, Mills, Rich and Putnam, JJ.