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Murphy v. Rocque

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 18, 1943
266 App. Div. 903 (N.Y. App. Div. 1943)

Opinion

June 18, 1943.

Present — Crosby, P.J., Taylor, Dowling, Harris and McCurn, JJ.


Judgment and order reversed on the law, without costs of this appeal to either party and a new trial granted, on the ground that it was prejudicial error to exclude rebuttal evidence offered by the plaintiff to corroborate the testimony of the witness Ehrensbeck that he was present at the scene of the accident. (See Ferris v. Sterling, 214 N.Y. 249, 254.) All concur, except Taylor and McCurn, JJ., who dissent and vote for affirmance. (The judgment is for defendant for no cause of action in an automobile negligence action. The order denies plaintiff's motion for a new trial.)


Summaries of

Murphy v. Rocque

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 18, 1943
266 App. Div. 903 (N.Y. App. Div. 1943)
Case details for

Murphy v. Rocque

Case Details

Full title:WILLIAM MURPHY, an Infant, by EDWARD MURPHY, His Guardian ad Litem…

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

Date published: Jun 18, 1943

Citations

266 App. Div. 903 (N.Y. App. Div. 1943)