Appellate Division of the Supreme Court of the State of New York January 6, 1932 (Mahoney v. International Railway Co.)

Per Curiam.

The verdict upon which the judgment appealed from was entered is inconsistent, in that it finds, upon the same evidence, that defendant Lutzman had probable cause to believe plaintiff was drunk, and that appellants did not. The court was requested to charge that if Lutzman had probable cause to make the arrest, there could be no recovery against any defendant in the case.