Opper v. Davega — 126 A.D. 941

Majority

p. 941

John Opper, Administrator De Bonis Non, etc., of Henry Opper, Deceased, Respondent, v. Isaac Davega, Jr., Appellant, Impleaded with Leopold Hellinger.

Headnote

Appeal from an order setting aside the verdict in favor of appellant and granting a new trial.

The order appealed from should be affirmed on the ground that the admission of the testimony of the police captain was error. Present — Ingraham, McLaughlin, Clarke, Houghton and Scott, JJ. Order affirmed, with costs and disbursements.