Elliott v. . Paine , 209 N.Y. 609 ( 1913 )

Judgment reversed and new trial granted, costs to abide event, on the ground that the positive testimony of the plaintiff and Brockway presented a question for determination by the jury; no opinion.

Concur: CULLEN, Ch. J., GRAY, WILLARD BARTLETT, CUDDEBACK, HOGAN and MILLER, JJ. Absent: WERNER, J.