Opinion
June 14, 1907.
Bayard H. Ames, for the appellant.
Thomas F. Gilroy, Jr., for the respondent.
Present — PATTERSON, P.J., McLAUGHLIN, LAUGHLIN, HOUGHTON and SCOTT, JJ.
It was clear error to submit to the jury any question as to the permanency of the plaintiff's injuries, for there was no evidence justifying such submission. The plaintiff's physician, who alone was interrogated on the point, declined to express an opinion, urging that an answer "would be speculative because it all depends on the kind of treatment he received." There was no other evidence on the subject.
The judgment and order should be reversed and a new trial granted, with costs to appellant to abide the event.
Judgment and order reversed, new trial ordered, costs to appellant to abide event.