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Barnett v. American Stopper Co.

145 N.Y.S. 1112 Court N.Y. App. Div. Decision date 1914-02-20 English

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p. 1112
BARNETT v. AMERICAN STOPPER CO.
(Supreme Court, Appellate Division, Second Department.
February 20, 1914.)

Headnote

Appeal from Trial Term, Queens County. Action by Mary Barnett against the American Stopper Company. From judgment for plaintiff, and motion denying new trial, defendant appeals. Reversed, and new trial granted. Harry S. Austin, of New York City, for appellant. Martin T. Mantón, of Brooklyn, for respondent.

In view of the happenings on the trial indicated at folios 93 to 99, 226 to 228, 256 to 258, and 280 to 282 of the record, we think that the trial court should have granted the defendant’s motion to withdraw a juror, when made after the happening shown at folios 420 to 422 of the record. In our opinion, a due respect for the orderly administration of justice in a court of law requires the reversal of the judgment and order in this case and the granting of a new trial. Judgment and order reversed, and a new trial granted, with costs to the appellant to abide the event.