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O'BRIEN v. MIX

14 A.D.2d 832 (1961)

Sharon A. O'Brien, an Infant, by Genevieve O'Brien, Her Guardian ad Litem, et al., Respondents, v. William Mix, Appellant

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

October 26, 1961

Judgment unanimously reversed on the law and facts and a new trial granted, without costs of this appeal to any party.

Memorandum:

Upon the polling of the jury the court insisted that the question be propounded as follows: "Members of the Jury, we are asking now if it is the verdict of this jury 11-1 that the plaintiff Genevieve O'Brien recover $750 against the defendant. Go ahead." This was an erroneous way in which...

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