Lardieri v. Lamont

Opinion by

Rhodes, P. J.,

Plaintiff brought this action in assumpsit seeking to recover for work and labor personally performed in remodeling defendant’s restaurant, barroom, and apartment house. Plaintiff’s claim was for $4,513; the jury rendered a verdict for $2,500. Defendant appeals and asks that a new trial be granted.

The only question raised on the appeal is whether the trial judge erred in permitting plaintiff to refer to and use a written memorandum to refresh his recollection of the total number of hours worked at the various tasks in connection with defendant’s premises.

Plaintiff was…