Stutsman v. Black

Appellate Division of the Supreme Court of New York

Stutsman v. Black

244 A.D. 764

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 15, 1935

StatusPublished

Cited by1 cases

This text of 244 A.D. 764 (Stutsman v. Black) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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.

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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.

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Bluebook (online)

244 A.D. 764, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stutsman-v-black-nyappdiv-1935.

Opinion

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