Schroeder v. Schweizer Lloyd Transport Versicherungs Gesellschaft

Ross, J.:

The opinion delivered by Department Two in this case is here approved and adopted, but we think that instead of directing judgment to be entered for the defendant on the findings, the cause should be remanded for a new trial.

The power so to do is expressly conferred on the Court by Section 53 of the Code of Civil Procedure, which declares: “The Supreme Court may affirm, reverse or modify any judgment or order appealed from, and may direct the proper judgment or order to be entered, or direct a new trial or further proceedings to be had.” * * * (See also Argenti v. The City and County…