Oswald v. Heaney

— In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Westchester County, entered November 16, 1977, upon a jury verdict in favor of the defendant. Judgment reversed, on the law, and new trial granted, with costs to appellants to abide the event. The determinative issue on this appeal is whether the trial court’s instruction to the jury concerning plaintiffs’ failure to call certain witnesses was prejudicial error requiring a reversal of the judgment for defendant. The court instructed that if the jury found that a…