JONES v. PALAY TEXTILE CORP.


279 A.D. 337 (1952)

George P. Jones, Appellant, v. S. T. Palay Textile Corp., Respondent, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

January 29, 1952.


Attorney(s) appearing for the Case

David A. Barnhard of counsel (Edward D. Alexander, attorney), for appellant.

John E. Asch for respondent.

PECK, P. J., DORE, COHN and VAN VOORHIS, JJ., concur.


Per Curiam.

Over the objection of counsel for the plaintiff, the court stenographer was directed by the Trial Judge to go into the jury room and read a portion of the court's charge. This was error entitling plaintiff to a new trial.

The case is unlike Gundersen v. All America Commerce Corp. (275 App. Div. 572), where the only reply which was necessary to a communication from the jury was a simple "Yes...

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