Meshane v. Second Street Co.

'Eschweiler, J.

Appellant now criticises the form of some of the questions of the special verdict, and particularly question (4), for including the phrase “apparently immoral conduct” as an addition to the concededly proper and more limited phrase of “improper conduct,” as requiring of defendants, in their attempted justification, more than is necessary in law to establish such defense. Such criticism might well have been urged to the court below at the time the questions were framed, but we feel that, and the other criticisms aimed at the form of the special verdict, are not timely made, for…