October, 1907.
Judgment reversed and new trial ordered before another referee, with costs to the appellant to abide event, upon questions of law and fact. Held, that the decision and judgment were contrary to the evidence. All concurred, except McLennan, P.J., who dissented.
Full title:Jane Esther Everett, Appellant, v. Jesse Jones, as Executor, etc., of…
Court:Appellate Division of the Supreme Court of New York, Fourth Department
Date published: Oct 1, 1907
The reasoning seems to be that, "Well, no one was hurt, so let's ignore the rules and our cases." See cases…