Timlin v. Schepps

Appellate Division of the Supreme Court of New York

Timlin v. Schepps

242 A.D. 705

Appellate Division of the Supreme Court of the State of New York·Decided July 15, 1934·Published

Opinion

Judgment reversed on the law and the facts and a new trial granted, costs to appellant to abide the event, upon the ground that the trial court, by numerous inquiries of the witnesses, the prejudicial tenor of them, coupled with many prejudicial comments, and the unfair nature of his charge, deprived plaintiff of a fair trial. Lazansky, P. J., Young, Kapper and Tompkins, JJ., concur; Carswell, J., not voting.

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Judgment reversed on the law and the facts and a new trial granted, costs to appellant to abide the event, upon the ground that the trial court, by numerous inquiries of the witnesses, the prejudicial tenor of them, coupled with many prejudicial comments, and the unfair nature of his charge, deprived plaintiff of a fair trial. Lazansky, P. J., Young, Kapper and Tompkins, JJ., concur; Carswell, J., not voting.

Timlin v. Schepps, 242 A.D. 705 (N.Y. Ct. App. 1934).

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