Bathrick v. Coffin
This text of 50 N.Y.S. 894 (Bathrick v. Coffin) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Upon the first trial the complaint was dismissed, but upon appeal the judgment was reversed, and a new trial ordered upon the ground that the question involved should have been submitted to the jury. 13 App. Div. 101, 43 N. Y. Supp. 313. Upon the second trial the learned trial justice again dismissed the complaint, notwithstanding the fact that the evidence offered was substantially the same as that presented upon the first trial. The law declared by the court on the first appeal is the law of the case. The learned trial justice, for some reason which does not appear, did not see fit to apply the law as there declared.
Judgment reversed, and new trial ordered, with costs to the appellant to abide the event.
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Cite This Page — Counsel Stack
50 N.Y.S. 894, 28 A.D. 624, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bathrick-v-coffin-nyappdiv-1898.