COILEY v. BUTLER


8 N.Y.2d 1092 (1960)

Frances Coiley, Appellant, v. Bettina C. Butler, as Administratrix of The Estate of George Butler, Deceased, Respondent.

Court of Appeals of the State of New York.

Decided October 21, 1960.


Attorney(s) appearing for the Case

Eugene F. Frink for appellant.

John J. Mulvey, John E. Asch and Milton M. Haven for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.


Judgment reversed and a new trial granted, with costs to abide the event, upon the grounds that the trial court erred (1) in denying plaintiff full opportunity to impeach the witness Judson on the basis of his prior sworn testimony (Civ. Prac. Act, § 343-a), and (2) in his conflicting rulings and instructions with respect to intoxication on the issue of plaintiff's contributory negligence. Since a new trial is necessary, we need not discuss the other alleged errors ...

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