Majority
p. 888David A. Perlman, an Infant, by Isaac Perlman, His Guardian ad Litem, Respondent, v. I. Blyn & Sons, Appellant.
Headnote
Negligence — mention of indemnity insurance carriediy defendant.Appeal from a judgment of the Supreme Court, entered in the New York county clerk’s office on the 24th day of June, 1912, on the verdict of a jury and from an order entered on the 21st day of June, 1912, denying a motion for anew trial.
The judgment and order appealed from should be reversed and a new trial ordered, with costs to appellant to abide the event, on the ground that the counsel for the plaintiff asked a witness on the stand: “ Are you connected with this insurance company that is in this case?” That question having been asked, counsel for the defendant moved to withdraw a j uror and to have a mistrial declared, on the ground that it was sought to prejudice the rights of the defendant to a fair and impartial
p. 889
trial. (See Akin v. Lee, 206 N. Y. 20 .) Present — Ingraham, P. J., McLaughlin, Clarke, Scott and Dowling, JJ. Judgment and order-reversed, new trial ordered, costs to appellant to abide event. Order to be settled on notice.
Cases cited
- Akin v. Lee 206 N. Y. 20 p. 889