
    James Talcott, Appellant, v. D. C. Cowdry et al., Respondents.
    (City Court of New York, General Term,
    April, 1896.)
    Nonsuit — When proper.
    Where ai-verdict in favor of the plaintiff has been set aside on the-ground that there was no evidence to warrant it, and the proofs on. the second trial are substantially the same, a nonsuit is proper.
    Appeal by plaintiff from judgment of nonsuit.
    L. B. Bunnell, for appellant.
    Blumenstiel & Hirsch, for respondents.
   Van Wyck, Ch. J.

This cause was first tried in June, 1887, and -a verdict returned for plaintiff, which, however, was set aside by -the trial judge, after investigation, in a well-considered opinion, concluding with the statement that there was no evidence-whereon the jury could'base a verdict for plaintiff, and an'appeal was taken by plaintiff from the order setting aside the verdict, but. the same was affirmed in November, 1887. The second trial of this cause was held in January, 1896, and resulted in the judgment of a nonsuit from which this appeal is taken, and upon this second trial the plaintiff did not make out a stronger casé than he did on the first trial,- which the trial judge held did not entitle him to go to the jury, and this was sustained by our General Term of November, 1887. The judgment of nonsuit is affirmed, with costs.

Fitzsimons and McCarthy, JJ., concur.

Judgment affirmed, with costs.  