Herschcowitz v. Kleinman

In this personal injury action it becomes necessary to vacate the judgment recovered by the defendant Kleinman upon the verdict of a jury, and grant a new trial because vital evidence was improperly excluded and also because of failure properly to instruct the jury.

These were actions originally brought, one by an infant and the other by his father, for damages arising out of a single accident. Thereafter the actions were consolidated and tried as one. The complaint alleged that the defendant Kleinman was the owner of a horse and wagon which was used for peddling fruits and vegetables; that…