Neustadt v. New York City Railway Co.

104 N.Y.S. 735 | N.Y. App. Term. | 1907

PER CURIAM.

Our attention has not been called to any authority for the ruling of the court permitting the unsworn testimony of the witness Weinrib, a child 7J4 years of age, to be given; and the denial of the defendant’s motion to strike it out, which was duly excepted to, was error.

Judgment reversed, and new trial ordered, with costs to appellant to abide the event.