Joseph M. Koehler, Respondent v. Solomon Adler

Summary

The New York Court of Appeals reversed the judgment and ordered a new trial, holding that the trial court erred in refusing to submit the case to the jury after both parties requested a directed verdict and the defendant subsequently sought jury determination of a factual issue. The court emphasized that a presumption of waiver of jury trial is displaced by a request to submit factual questions to the jury, and that evidence, even if uncontradicted, may be disregarded if it is not entirely free from improbability.