Moskowitz v. Auerbach

Phillips, J.,

(orally)

This is a motion by plaintiff for a judgment on special findings. The jury returned a general verdict for the defendant, and also answered interrogatories submitted to them; and it is claimed that these answers are inconsistent with the general verdict, and that the plaintiff is therefore entitled, under the statute, to a judgment on the special findings, notwithstanding the general verdict for the defendant.

The principal question arising on the submission of this motion is, whether or not the court, in determining whether the special findings are inconsistent with the…