28 N.Y.S. 741 | City of New York Municipal Court | 1894
The doctor, plaintiff, sues the executor of Travers to recover the value of his services as attending physician and operating surgeon to one Mrs. Davis at the request of the testator, both of whom died before the trial of the cause. The court’s direction to the jury to find certainly for $200, and their finding as to the additional sum, rests entirely upon the testimony of the lawyer witness called on plaintiff’s behalf, and as his testimony became by the decease of both Mrs. Davis and Travers incapable of contradiction, he must be subjected to the severest scrutiny as regards the credibility
Ehrlich, Ch. J., and McCarthy, J., concur.
Judgment and order reversed, with costs to appellant to abide event.