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Malek v. Delaware, Lackawanna, Western Rail. Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 1, 1916
174 App. Div. 926 (N.Y. App. Div. 1916)

Opinion

July, 1916.


Judgment and order reversed and new trial granted, with costs to appellant to abide event. Held, (1) that the strictures and adverse criticism upon the conduct of Noss, the principal witness of the defendant, during the course of the trial and its charge to the jury by the trial court, deprived the defendant of a fair and impartial trial to which it was entitled; (2) the voluntary and unjustifiable criticism of the conduct of the defendant's attorney frequently during the trial tended to prejudice the case of the defendant, and likewise deprived it of a fair and impartial trial. All concurred.


Summaries of

Malek v. Delaware, Lackawanna, Western Rail. Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 1, 1916
174 App. Div. 926 (N.Y. App. Div. 1916)
Case details for

Malek v. Delaware, Lackawanna, Western Rail. Co.

Case Details

Full title:GEORGE MALEK, Respondent, v. DELAWARE, LACKAWANNA AND WESTERN RAILROAD…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 1, 1916

Citations

174 App. Div. 926 (N.Y. App. Div. 1916)