DAVIES v. LYNCH


4 A.D.2d 1008 (1957)

Charles Davies et al., Respondents, v. John Lynch, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 15, 1957


Judgment and order reversed on the law, without costs of this appeal to any party, and a new trial granted.

Memorandum:

Upon the trial the parties stipulated that the amount of damages sustained by plaintiffs to their personal property was the sum of $4,000. The jury returned a verdict for plaintiffs in the sum of $2,000 and it was accepted by the trial court. It is possible that a portion of the court's charge may have led the jury to believe that it had...

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