Smidt v. Buffalo Cold Storage Co.

134 N.Y.S. 1146 Court N.Y. App. Div. Decision date 1912-03-20 English

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Majority

p. 1146

SMIDT, Respondent, v. BUFFALO COLD STORAGE CO., Appellant.

(Supreme Court, Appellate Division, Fourth Department.

March, 20, 1912.)

Headnote

Action by John Smidt against the Buffalo Cold Storage Company.

Judgment and order reversed, and new trial granted, with costs to appellant to abide the event. Held, that the admission of the evidence of the plaintiff’s wife as to her physical condition was reversible error.

KRUSE, J., dissents.