¶1Judgment reversed upon the law, and new trial granted, with costs to abide the event. The trial court erred in charging the jury as to the effect of defendant’s failure to call tho witness Heller. (Longacre v. Yonkers Railroad Co., 236 N. Y. 119; Hayden v. New York Railways Co., 233 id. 34.) Kelly, P. J., Rich, Manning, Young and Kapper, JJ., concur.
212 A.D. 833
Mann v. Ostend Development Corp.
Appellate Division of the Supreme Court of the State of New York
Decided January 15, 1925
Appellate Division of the Supreme Court of the State of New York · decided 1925-01-15
Relies on Longacre v. . Yonkers Railroad Co.
Decided 1925-01-15