Toole v. City of Syracuse

Judgment and order reversed, and new trial granted, with costs to appellant to abide event. Held, that the evidence of the witness Schwartz to the effect that he had never heard of and had no knowledge of any person’s receiving material injuries because of stumbling or tripping over an engineer’s grade stake was improperly received, and that its reception over plaintiff’s objection and exception, under the circumstances of this case, presents reversible error.