Judgment reversed, on the law, and new trial granted, with costs to abide the event.
The appeal did not raise questions of fact. The trial was the second jury trial of this case. At this second trial plaintiff presented the identical evidence that had been placed in the record at the first trial. At the end of plaintiff's case in the first trial, the court granted a motion to dismiss the complaint. On appeal, this court reversed and granted the new trial on the ground...
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