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Order Denying Motion for New Trial.

the said cause having been duly tried and the said jury having rendered a verdict in favor of the plaintiff for the sum of ten thousand, nine hundred and thirty-three and forty-two hundredths dollars ($10,933.42) upon the cause of action alleged in the complaint and against the defendant, and the defendant upon the bringing in of said verdict having made a motion upon the minutes to set aside said verdict of the jury upon the ground that it was contrary to the law and contrary to the evidence, and upon the grounds enumerated in Section 999 of the Code of Civil Procedure and Section 549 of the Civil Practice Act;

Now, after hearing Charles B. Partridge, attorney for the defendant, in favor of said motion, and Rowland Miles, attorney for the plaintiff, in opposition thereto,


ORDERED that said motion be, and the same hereby is, denied.



J. S. C.

Tobias P. Mullen-By Pifj.Direct.




Before—Hon. J. ADDISON YOUNG, J., and a Jury.

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MESSRS. ACKERLY & MILES, Attorneys for

the Plaintiff.
CHARLES B. PARTRIDGE, Esq., Attorney for

the Defendant.
The Jury was impanelled and sworn.

Mr. Miles opens the case to the Jury on behalf of the Plaintiff.

Mr. Partridge opens the case to the Jury on behalf of the Defendant.

TOBIAS P. MULLEN, the plaintiff, called as a witness in his own behalf, first being duly sworn, testifies as follows:

(The witness states that he resides at

Northport, N. Y.)
Direct examination by Mr. Miles:

Q. Mr. Mullen, how old are you? A. Forty.

Q. What is your business or profession, Mr. Mullen? A. Rubber worker.


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Q. How long have you been engaged in that business? A. Ever since I was sixteen years old.

Q. You have worked in it continuously? A. On and off.

Q. For the last eleven years prior to the 20th day of January, 1920, for whom did you work? A. Canfield Rubber Company.

Q. In what capacity did you work for the Canfield Rubber Company? A. Mill room foreman.

Q. And as mill room foreman, in a general way, what was your duty? A. Calendar work, spreader work, cement stocks and look after the acid.

Q. And you were familiar with all that character of work, were you? A. Yes, sir.

Q. Did you know, prior to the 20th of January, 1920, Joseph G. Squires ? A. Yes, sir.

Q. How long had you known Squires prior to
that date? A. Oh, perhaps five or more years.

Q. For whom did he work during that period?
A. Canfield Rubber.

Q. The same parties that you worked for? A.
Same party.

Q. In what capacity did he work for Canfield:
A. Salesman.

Q. On the 20th day of January, 1920, did you
and Mr Squires enter into a written agreement?
A. Yes. sir.

Q. I ask you if that is the paper, and are the
signatures attached thereto the signatures of your-
self and Mr. Squires? A. (Examining) They are.

Mr. Miles: I offer it in evidence.
Mr. Partridge: No objection.

(The same was received in evidence,
marked Plaintiff's Exhibit No. 1, of this
date, and read to the jury by Mr. Miles.)


Tobias P. Mullen-By Puff.Direct.


Q. After the execution of that contract did you enter upon the duties mentioned in it? A. I al

ways did.

Q. Did you enter upon the duties mentioned in that contract? A. Did I enter upon the duties mentioned? Q. Yes? A. No, no, no.

The Court: Did you begin work, he means.


Q. Did you begin your work? A. Yes, yes.

Q. When did you begin your work? Was it the 26th day of January, 1920? A. It was only a matter of a few days after that I reported at the New York office. The contract was signed before, three days before.

Q. You commenced work on the 26th, didn't you? Your contract provides that the terms should commence the 26th day of January. 1920? A. The 26th, yes.

Q. Did you commence your work at that time? A. Yes, I commenced on the 26th.

Q. Did you perform the services that you were called upon to perform? A. Yes, sir.

Q. Did you perform them to the best of your ahility? A. To the best of my past experience and ability.

Q. And you continued to do that up to what time? A. Right up until I was discharged.

Q. I asked you what time? A. June the 2nd.
Q. Nineteen hundred and what? A. 1921.

Q. And you were paid for that service the various sums according to the contract up to what date? A. May the 31st.

01. 1921 ? A. 1921.

0. Has any money been paid to you since, Mr. Mullen? A. No, sir.

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Tobias P. Mullen-By Plff.Cross.


Q. What occurred on the 2nd day of June? A. On the 2nd day of June I was discharged.

Q. Did you offer to continue in the service? A. Why, I was performing.

Q. Did you offer to continue to go on and work? A. Why, certainly. I was discharged.

Q. Was that against your will ? A. Why, certainly it was.

Q. Were you willing, ready and anxious to continue in the performance of the duties that you had been doing? A. Always was ready and willing.

Q. And have been ever since? A. Yes, sir.
Cross examination by Mr. Partridge:

Q. You say you were foreman of the milling room of the Canfield Rubber Company? A. Yes, sir.

Q. Who was the head of that company? A. Mr. Charles Holcomb.

Q. And was he the head of the company during your entire connection with it? A. Yes, sir; he was the gentleman that hired me.

Q. Were you in the milling room during the entire time that you were employed by the Holcomh interests, the Canfield Company? A. That was my position.

Q. That was your position during that entire time? A. Yes.

Q. What was it that they manufactured there? A. Well, they manufactured various rubber articles—splices, tapes, proofing.

Q. Waterproofing, you mean? A. Well, proofing-waterproof, certainly.

Q. The Canfield dress-shield was perhaps their best known product? A. Well, that was a line


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