Opinion
November 28, 1938.
Action for libel. Judgment in favor of the defendant, entered upon the verdict of a jury, reversed on the facts and a new trial granted, with costs to appellant to abide the event, upon the ground that the trial justice unduly participated in the cross-examination of the plaintiff and his witnesses, and his inquiries, by their prejudicial tenor, coupled with many prejudicial comments, deprived the plaintiff of a fair trial. Lazansky, P.J., Davis, Johnston, Adel and Close, JJ., concur.