Jones v. Smith — 128 N.Y.S. 1128

Majority

p. 1128

JONES v. SMITH et al.

(Supreme Court, Appellate Division, Second Department.

March 17, 1911.)

Headnote

Appeal from Trial Term, Queens County. "Action by Mel vina A. Jones against Christian E. Smith, individually and as executor of the alleged last will and testament of Melvin T. Smith, deceased, and others. From the judgment, and from an order denying a new trial, plaintiff appeals. Reversed, and new trial granted.

Edmund C. Viemeister, for appellant.

James M. Gray (Joseph E. Owens, on the brief), for respondents.

On the trial of this action numerous errors were committed in the exclusion of evidence offered by the plaintiff. Some of them, if taken alone, might be considered as-harmless; but they were so numerous, and so continuous, that the mass of them cannot be overlooked by this court. Particular attention may be called to the rulings and exceptions shown in the record at folios 71, 72, 75, 76, 89, 102, 123, 145, 146, 162, 163, 177, 188, 190, 191, 205, 222, 240, 265, 266, 267, 271, 273, 279, 281, 282, 283, 336, and 389. The judgment and order are reversed, and a new trial granted; costs to abide the event.