Barrett v. Smith — 47 N.Y. St. Rep. 936

Majority

p. 936

Annie Barrett, an Infant, by Albert T. David, her guardian ad litem, Resp’t, v. George Waldo Smith and John S. Sills, App’lts.

Headnote

Appeal from judgment in favor of plaintiff.

For former appeal, see 38 St. Rep., 526 , 922.

Richard O’Gorman, Jr., for resp’t; James A. Seaman, for app’lts.

—It was not error to allow the plaintiff to show that the witness Vero had said at the time of his arrest: “Is this the One Hundred and Eighth street racket; ” for this evidence tended to show that Vero testified untruly when he, upon his direct examination, said, “No unusual accident was brought to my attention, except when I was arrested.” Upon the whole case the judgment and order should be affirmed, with costs.

Freedman, Dugro and Gildersleeve, JJ., concur.