Stutsman v. Black

Appellate Division of the Supreme Court of New York

Stutsman v. Black

244 A.D. 764

Appellate Division of the Supreme Court of the State of New York·Decided April 15, 1935·Published·Cited by 1 cases

Opinion

Judgment reversed on the law and the facts and new trial granted, with costs to the appellants to abide the event. Memorandum. The evidence of the infant plaintiff, given without being sworn, should not have been received and as this evidence is the principal, if not the only, basis for recovery, the judgment must be reversed and a new trial granted. (See Stoppick v. Goldstein, 174 App. Div. 306.) All concur. (The judgment was for damages in an automobile negligence action.) Present — Sears, P. J., Edgcomb, Thompson, Crosby and Lewis, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment reversed on the law and the facts and new trial granted, with costs to the appellants to abide the event. Memorandum. The evidence of the infant plaintiff, given without being sworn, should not have been received and as this evidence is the principal, if not the only, basis for recovery, the judgment must be reversed and a new trial granted. (See Stoppick v. Goldstein, 174 App. Div. 306.) All concur. (The judgment was for damages in an automobile negligence action.) Present — Sears, P. J., Edgcomb, Thompson, Crosby and Lewis, JJ.

Stutsman v. Black, 244 A.D. 764 (N.Y. Ct. App. 1935).

Pincite

244 A.D. 764 (Stutsman v. Black) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related