Gulish v. Johnston

Upon the plaintiff’s appeal, the order setting aside the verdict of the jury and granting a new trial is unanimously affirmed, without costs. Upon the evidence in the record before us the question whether the occupancy of the premises was that of a tenant or of a hired servant was properly left to the jury. (Kerrains v. People, 60 N. Y. 221; Ofschlager v. Subeck, 22 Misc. Rep. 595, Onondaga Trial Term, February, 1898, Hiscoek, J.) While we disagree with the conclusion of the learned trial justice stated in his opinion as to the relationship of the parties, the verdict was set aside as…