Barth v. Borden's Condensed Milk Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action by Sam Barth, an infant, against the Borden’s Condensed Milk Company. From a judgment for plaintiff, and from an order denying defendant’s motion for new trial, defendant appeals.
1Opinion of the CourtGoff, J.
On the first trial of this action the justice presiding refused to allow the case to go to the jury and granted a nonsuit at the close of the plaintiff’s case. Appeal was taken, and this court (102 N. Y. Supp. 498) decided that in granting a nonsuit error was committed and sent the case back for trial. A new trial was had, and from its determination this appeal was taken.
At the close of the plaintiff’s case the justice refused to nonsuit the plaintiff, holding that the' decision of the Appellate Term to submit th& case as made by the plaintiff to the jury was mandatory. In this he was right.…
2Cases cited1 opinion
- Barth v. Borden's Condensed Milk Co.Appellate Terms of the Supreme Court of New York · 1907