Heller v. Sipkin-Gorschen & Co.

Judgment reversed and a new trial ordered, with costs to the appellant to abide the event, because of error in the court’s charge in reference to the testimony of the expert called by defendant. Present — Finch, P. J., Merrell, O’Malley, Sherman and Townley, JJ.; O’Malley, J., dissents and votes for affirmance on the ground that the error complained of is not so prejudicial as to require a new trial.