Hauptman v. New York Edison Co. — 160 A.D. 917

Majority

p. 917

Mayer Hauptman, as Administrator, etc., of Joshua Hauptman, Deceased, Respondent, v. The New York Edison Company, Appellant.

Headnote

Appeal from a judgment of the Supreme Court, entered in the Hew York county clerk’s office on the 26th day of June, 1913, upon the verdict of a jury, and from two orders entered on the 28th day of June, 1913, denying motion for a new trial.

The action of the court in restricting the number of witnesses whom the defendant should call to disprove the plaintiff’s cause of action was without justification. The defendant had a right to call as many persons who were witnesses to the accident as could testify to the main issue involved which was to be submitted to the jury. The judgment and order are, therefore, reversed, and a new trial ordered, with costs to appellant to abide event. Present — Ingraham, P. J., McLaughlin, Laughlin, Dowling and Hotchkiss, JJ. Judgment and order reversed and new trial ordered, with costs to appellant to abide event. Order to be settled on notice.