Mahoney v. O'Neill

This case appears to have been tried three times, and this appeal is taken from the verdict on the last trial. The first trial resulted in a disagreement of the jury, the second in a verdict for the plaintiff, which was appealed to the General Term of this court (28 Misc. Rep. 437), and affirmed, but was on appeal to the Appellate Term reversed, as appears (29 Misc. Rep. 619), for an alleged error in the charge of the trial judge; and this appeal now heard by us is from the third trial, which resulted in a verdict in favor of the plaintiff. The plaintiff was a salesman in the employ of a…