Masterson v. Solomon

Defendant’s alleged negligence and plaintiff’s intestate’s alleged contributory negligence were questions of fact for the jury. The rule with respect to the failure of defendant to call one Kaplan was properly applied because Kaplan was shown to be friendly to defendant, as he was a fellow worker and a passenger in defendant’s car and attended the trial at defendant’s request. (Perlman v. Shanck, 192 App. Div. 179, 183.) The remarks of plaintiff’s counsel while summing up were improper, but under the facts of this case were not prejudicial. Moreover, counsel, while he objected to the remarks,…