Fitzgerald v. Sargent

The major issue in this case is whether the defendant was so prejudiced by the omission from the record on appeal of the final ten minutes of the trial judge’s charge to the jury, lost as a result of mechanical failure of a stenographic voice machine, as to be entitled to a new trial. For the reasons which follow below, we affirm the lower court’s decision that a new trial is not required.

These are actions on the case to recover damages for personal injuries, property damage, medical expenses and loss of consortium arising out of an automobile accident which occurred on May 30, 1970. Trial by…