Judgment reversed, on the law and the facts, and new trial ordered, with costs to abide the event.
Plaintiff, shopping in defendant Gertz Department Store was being observed by defendant store detectives, Callahan and Crowe. They watched plaintiff enter a fitting room with three pairs of slacks, and walk out of such room empty-handed. Defendant Callahan testified that she immediately searched the fitting room and found only two pairs of pants; whereupon Callahan,...
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