245 A.D. 41 | N.Y. App. Div. | 1935
That defendants were guilty of negligence is not proved by such an overwhelming weight of evidence that we can overlook the prejudice that might have been caused in the minds of the jury by plaintiff’s counsel asking three of defendants’ witnesses, who were riding in the same car with plaintiff, if they had not settled their causes of action for injuries growing out of the same accident which is the basis of plaintiff’s action. Only one was permitted to state the amount he received in settlement but the other two
All concur, except Sears, P. J., and Thompson, J., who dissent and vote for affirmance. (See Keet v. Murrin, 260 N. Y. 586.) Present — Sears, P. J., Taylor, Edgcomb, Thompson and Crosby, JJ.
Judgment and order reversed on the law and new trial granted, with costs to the appellants to abide the event.