Summary
In Kirk v Cisler (244 App. Div. 733), which also involved personal injuries stemming from an automobile accident, the Second Department cautioned against permitting the tenets of a particular religion to "creep into the trial" in a manner which might invite a personal issue between a party and the jury.
Summary of this case from Williams v. BrightOpinion
April, 1935.
Action to recover damages for personal injuries and property damage resulting from the collision of two automobiles. Judgment for the defendant upon the verdict of the jury reversed on the law and the facts and a new trial granted, with costs to the appellant to abide the event. It was error to permit, in the circumstances, the tenets of the Christian Science religion to creep into the trial in a manner inviting, to the plaintiff's prejudice, personal issues between her and the jury. Lazansky, P.J., Young, Carswell, Scudder and Johnston, JJ., concur.