SCHAFFER v. C.C. CHAPMAN, INC.


3 A.D.2d 985 (1957)

Harry J. Schaffer, Respondent, v. C. C. Chapman, Inc., et al., Appellants

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

May 24, 1957


Judgment reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event.

Memorandum:

We conclude that the court erred in instructing the jury that it might take into consideration in passing on the credibility of the defendant a paper which the court characterized "a copy of the Motor Vehicle Report". The paper was not received in evidence nor marked for identification and was not properly before the court. We also reach...

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