Reynolds v. Port Jervis Boot & Shoe Factory

Headnote

.Moidence — right of a pa/rty to call all his witnesses — when the circuit judge cannot limit the number.

Appeal from a judgment in favor of the. plaintiff, entered upon - the verdict of a jury, and from an order denying a motion for a new trial made upon the minutes of the justice before whom the action was tried. .

The action was brought to recover for services claimed to have ■ been rendered by the plaintiff for the defendant.

The court at General Term said: “ The two principal questions .litigated upon the trial were: First. Whether plaintiff was hired for forty months; second. Whether he, for a valid consideration, waived any right resulting to him from his discharge. Upon these

questions tbe circuit judge limited tbe number of witnesses to be called bj tbe defense. This we tbink was error.

“ Upon questions collateral to tbe facts in issue, as tbe opinions of experts, or tbe impeachment of a witness, tbe circuit judge bas much discretion; but with respect to tbe chief issues litigated tbe party bas a right to spread bis whole case before tbe jury. It may well be that bad tbe other witnesses been sworn the Terdiet would have been tbe other way.”

Judgment reversed, costs to abide event.