Euler v. Kappelmann
Appellate Division of the Supreme Court of the State of New York
Action by Henry Euler against Frederick ICappelmann. From a judgment dismissing the complaint at the close of the plaintiff’s case, plaintiff appeals. Reversed. H. A. Monfort, for appellant. Clarence Edwards, for respondent.
1Per curiam
We think the judgment must be reversed, because of the rejection by the learned trial court of the evidence of the surveyor, Nostrand. Most of the excluded questions seem competent under the general rules of evidence. Many of them were admitted on the former trial over the appellant’s objection and exception, and the judgment and order then entered were unanimously affirmed. Euler v. Kappelmann, 60 App. Div. 631, 70 N. Y. Supp. 1139. The_ judgment should be reversed, and a new trial granted; costs to abide the event.
2Cases cited1 opinion
- Kearns v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901