Stewart v. Mascot Amusement Co.

223 A.D. 887 Court N.Y. App. Div. English

Contents

Majority

p. 887

Genevieve Stewart, Appellant, v. Mascot Amusement Company, Respondent.

The comment of the trial justice during the course of the trial and the colloquy in reference to the charge necessitate a reversal of this judgment.

p. 888

Judgment and order reversed and a new trial ordered, with costs to the appellant to abide the event. Present — Dowling, P. J., Merrell, Finch, McAvoy and Prosbauer, JJ.; Merrell and Finch, JJ., dissent.