Puleo v. Stanislaw Holding Corp.

Appellate Terms of the Supreme Court of New York

Puleo v. Stanislaw Holding Corp.

126 Misc. 372, 213 N.Y.S. 601, 1926 N.Y. Misc. LEXIS 576

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 28, 1926

StatusPublished

Cited by1 cases

This text of 126 Misc. 372 (Puleo v. Stanislaw Holding Corp.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Puleo v. Stanislaw Holding Corp., 126 Misc. 372, 213 N.Y.S. 601, 1926 N.Y. Misc. LEXIS 576 (N.Y. Ct. App. 1926).

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Opinion

Per Curiam.

The comment of the court with reference to the accuracy of distances as represented by the photographs was tantamount to an instruction to the jury to find for the defendant. It is a matter of almost common knowledge that photographs may be taken from different angles so as to exaggerate certain distances, or, on the other hand, to make space more compact, but notwithstanding this the judge instructed the jury that photographs cannot exaggerate. Again, the trial .judge in his charge, after having stated to the jury that “ photographs cannot lie,” stated that if the photograph is to be believed the accident could not have happened without the contributory negligence of plaintiff. A fair trial must always be insisted upon. The general tenor of the charge is one of antagonism to plaintiff’s cause.

Judgment reversed and a new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur; present, Guy, Wagner and Lydon, JJ.

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Per Curiam.

The comment of the court with reference to the accuracy of distances as represented by the photographs was tantamount to an instruction to the jury to find for the defendant. It is a matter of almost common knowledge that photographs may be taken from different angles so as to exaggerate certain distances, or, on the other hand, to make space more compact, but notwithstanding this the judge instructed the jury that photographs cannot exaggerate. Again, the trial .judge in his charge, after having stated to the jury that “ photographs cannot lie,” stated that if the photograph is to be believed the accident could not have happened without the contributory negligence of plaintiff. A fair trial must always be insisted upon. The general tenor of the charge is one of antagonism to plaintiff’s cause.

Judgment reversed and a new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur; present, Guy, Wagner and Lydon, JJ.

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Bluebook (online)

126 Misc. 372, 213 N.Y.S. 601, 1926 N.Y. Misc. LEXIS 576, Counsel Stack Legal Research, https://law.counselstack.com/opinion/puleo-v-stanislaw-holding-corp-nyappterm-1926.

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