Swanson v. Evans Oil Inc.

Judgment unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: In this appeal from a judgment dismissing plaintiff’s complaint in a death action, the appellant contends that the unanimous jury verdict was prejudicially influenced by improper questions tending to show that the plaintiff was entitled to workmen’s compensation benefits and by statements made by defendants’ counsel in summation that the defendant had been exonerated by the Coroner and the Motor Vehicle Department. There is nothing in the record to justify…