LIEBL v. METRO. JOCKEY CLUB


10 A.D.2d 1006 (1960)

Michael Liebl et al., Respondents, v. Metropolitan Jockey Club et al., Appellants

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

May 31, 1960


Judgment reversed on the facts, and a new trial granted, with costs to abide the event.

In our opinion, the verdict was against the weight of the credible evidence in that no proof or issue was submitted to the jury as to whether the saddle in question was improperly constructed or constituted a trap wherein a wayfarer's foot might be caught or constituted a nuisance as alleged in the plaintiffs' complaint and bill of particulars (Nedwell v. Green, 266 App...

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