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Keyes v. Manhattan Navigation Co.

150 N.Y.S. 1092 Court N.Y. App. Div. Decision date 1914-12-04 English

Delivered by SEABURY, J.

Contents

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p. 1092
KEYES v. MANHATTAN NAVIGATION CO.
(Supreme Court, Appellate Term, First Department.
December 4, 1914.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, First District. Action by James Keyes against the Manhattan Navigation Company. From a judgment for plaintiff, defendant appeals. Reversed and remanded. Kelley & Connelly, of New York City (C. S. Lorentzen, of New York City, of counsel), for appellant. Benjamin Berinstein, of New York City, for respondent.

The direction to the witness, before his testimony had been completed, to leave the stand and the courtroom, was irregular and improper. No good purpose is to be gained by discussing the incident, and it is sufficient to point out that, in our judgment, justice requires that a new trial should be ordered. Judgment reversed, and new trial ordered, with costs to the appellant to abide the event. All concur.