Marshall v. Riley
Appellate Terms of the Supreme Court of New York
Appeal by defendants from a judgment recovered by plaintiff for wages in the Municipal Court of the city of New York, second district, borough of Manhattan.
1Opinion of the CourtFreedman, P. J.
At the trial the defendants endeavored to show by the testimony of two witnesses who had witnessed and described plaintiff’s condition that at the time the plaintiff was ordered to leave the lighter as claimed by him, and at the time he voluntarily left defendants’ employ, as claimed by defendants, he was drunk. It seems that all testimony upon this point was excluded upon the ground that it called for a conclusion and that the witnesses should have been qualified. This was error within the rule as laid down in People v. Eastwood, 14 N. Y. 562; People v. Gaynor, 33 App. Div. 98; Donoho v.…
2Cases cited3 opinions
- The People v. . EastwoodNew York Court of Appeals · 1856
- People v. GaynorAppellate Division of the Supreme Court of the State of New York · 1898
- Donoho v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1900