Seaman v. Curtiss Flying Service, Inc.

Judgment and order reversed upon the law and the facts and a new trial granted, costs to abide the event. The interests of justice require that a new trial be had herein despite the lack of appropriate exceptions to prejudicial error. The court committed *868error in receiving much, if not all, of the testimony of the witness McNett, which was inadmissible for three reasons: (1) The mechanical perfection of the plane had been conceded; (2) the witness was not shown to be a competent observer of atmospheric conditions, and (3) his testimony seemed to be directed essentially to establishing that…