Sandzig v. Eckstein

Appellate Terms of the Supreme Court of New York

Sandzig v. Eckstein

132 N.Y.S. 727

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 5, 1912

StatusPublished

Cited by1 cases

This text of 132 N.Y.S. 727 (Sandzig v. Eckstein) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sandzig v. Eckstein, 132 N.Y.S. 727 (N.Y. Ct. App. 1912).

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Opinion

PER CURIAM.

Notwithstanding that the cause of action set out in the complaint is for negligence, this case was tried and submitted [728]*728to the jury upon the theory of nuisance. The charge of the court failed to present to the consideration of the jury the issues which they should have been called upon to determine. The defendants protected their rights by exceptions duly taken.

Judgment reversed, and a new trial ordered, with costs to the appellants to abide the event.

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PER CURIAM.

Notwithstanding that the cause of action set out in the complaint is for negligence, this case was tried and submitted [728]*728to the jury upon the theory of nuisance. The charge of the court failed to present to the consideration of the jury the issues which they should have been called upon to determine. The defendants protected their rights by exceptions duly taken.

Judgment reversed, and a new trial ordered, with costs to the appellants to abide the event.

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Bluebook (online)

132 N.Y.S. 727, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sandzig-v-eckstein-nyappterm-1912.

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