Appellate Division of the Supreme Court of the State of New York July 15, 1925 (Gately v. DeGrasse Paper Co.)

Judgment and order reversed and new trial granted, with costs to the appellant to abide the event, on the ground that the trial judge in part predicated his direction of a verdict upon a finding of fact necessarily comprehended in a general verdict of the jury already found, which verdict the trial judge had set aside. All concur.