Hallock v. . N.Y.C. H.R.R.R. Co.

The action was brought to recover the treble damages allowed by section 1669 of the Code of Civil Procedure in cases of the forcible entry upon, or detainer of, real property. Upon the trial, the case was submitted to the jury upon the evidence and the plaintiff obtained a verdict; the amount of which was trebled by the judgment pursuant to the statute. There was an affirmance at the Appellate Division, by a divided court, and the defendant now appeals to this court.

I think that the case should not have been submitted to the jury and that the motion for a nonsuit, made upon the plaintiff's…