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Frazer v. Martin

120 N.Y.S. 1124 Court N.Y. App. Div. Decision date 1910-01-21 English

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p. 1124
FRAZER, Respondent, v. MARTIN, Appellant.
(Supreme Court, Appellate Division, Second Department.
January 21, 1910.)

Headnote

Action by Edward A. Frazer against James B. Martin.

Judgment and order of the County Court of Dutchess County reversed, and new trial ordered, costs to abide the event, upon the ground that the court erred in permitting the plaintiff to testify as to the number of days that his teams and men worked for the defendant, without laying the foundation for such proof by showing that the reports made to the plaintiff by his employés as to the periods of work were correct.