Perry v. Blumenthal
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sarah A. Perry, from an order of the County Court of Miagara county, entered in the office of. the clerk of said county on the 24th day of November, 1906, setting aside the verdict of a' jury in favor of the plaintiff and. granting the defendant’s motion for a new trial made upon the minutes. The action was for the defendant’s board and lodging and for the stabling of his team of horses.
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Appeal by the plaintiff, Sarah A. Perry, from an order of the County Court of Miagara county, entered in the office of. the clerk of said county on the 24th day of November, 1906, setting aside the verdict of a' jury in favor of the plaintiff and. granting the defendant’s motion for a new trial made upon the minutes. The action was for the defendant’s board and lodging and for the stabling of his team of horses. The plaintiff recovered a verdict for $175, which was set aside and this appeal taken by the plaintiff from that order.
1Opinion of the Court
Kruse, J.:
While we have reached the conclusion that it was proper to set aside the verdict and grant a new trial herein, we think the evidence was sufficient to require the case to be submitted to the jury.
The plaintiff was a married woman living with her husband and family of children upon premises consisting of about three acres of land, upon which there was a dwelling house and a barn, the title to which was in her name, but bought with her husband’s pension money. Her husband was a teamster. She attended to the household duties, carrying on no separate business save that upon a few…
2Cases cited1 opinion
- Stevens v. . CunninghamNew York Court of Appeals · 1905
3Cited by1 opinion
- Schaaf v. ThomasAppellate Division of the Supreme Court of the State of New York · 1934