MURRAY v. McLEAN TRUCKING CO.


5 A.D.2d 780 (1958)

Lonie C. Murray, Respondent, v. McLean Trucking Company, Appellant

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

January 13, 1958


Judgment reversed and a new trial granted, with costs to abide the event.

In our view, the interests of justice require a new trial. The numerous interruptions, questions and comments of the Trial Justice were fair and proper, when considered in context. Nevertheless, on the whole case the jury may well have drawn improper inferences by reason of the rather extended participation of the Trial Justice.

Beldock, J., dissents and votes to affirm...

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