The case of Von Hagen v. Gidosh,  A.J. No. 1646, relied upon by the plaintiff would have been perhaps relevant to oppose the defendant’s initial application for a jury but, without reasons, and with no idea of how the matter was addressed at that instance, I assume this was canvassed, and if it was not, again, as I said, that decision was not appealed.
The plaintiff’s case of Olsen v. General Accident,  A.J. No. 260 again raises an issue that was probably canvassed at the first instance, and I only say that because of the age of these decisions, as was kindly pointed out by plaintiff’s counsel.
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