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eBook details

• Title: Williams P. Lyons v. City New York Et Al.
• Author : Supreme Court of New York
• Release Date : January 04, 1968
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

The plaintiff in this personal injury action established a prima facie case on the issue of liability and the record contains such error and prejudicial trial misconduct as to require a new trial. Particularly improper and prejudicial were the comments of defense counsel in summation with reference to the failure of the plaintiff to produce as witnesses the co-employees (not under his control) who were present at the scene of the accident, and with reference to the failure of plaintiff to read into evidence the deposition taken of an officer of the defendant company; also unfair and prejudicial was the comment inferring lack of a bona fide claim for any substantial injury as a result of the accident (this being a trial of the liability issue only). The trial court compounded the resulting prejudice to plaintiff by overruling his objections without proper rebuke to defense counsel and without proper instructions to the jury. (See Cohen v. Covelli, 276 App. Div. 375, 376; Kohlmann v. City of New York, 8 A.D.2d 598.) The charge of the trial court with respect to contributory negligence was unfair. He stressed the

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