WEST ST. AUTO SERV., INC. v. SCHMIDT


26 A.D.2d 662 (1966)

West St. Auto Service, Inc., Appellant, v. George Schmidt et al., Defendants, and S & G Construction, Inc., Respondent

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

July 5, 1966


Judgment reversed on the law and a new trial granted, with costs to abide the event. No questions of fact have been considered.

The primary question raised on this appeal is whether the learned trial judge erred in ruling that the jury could not consider the testimony of the expert witness because, in fixing the reasonable value of defendant's use of plaintiff's property, the expert included the benefit derived by defendant in using the property. In our opinion, expert...

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