Ryan v. Frank L. Hall Co.

Judgment reversed and new trial granted, with costs to appellant to abide event. Held, that it was prejudicial error to exclude the testimony of the witness Catherine Burns, a child ten years of age, in the absence of a preliminary examination of the witness by the presiding justice, to ascertain her capacity and the extent of her knowledge.* All concur.

See Code Civ. Proe. § 850; now Civ. Prac. Act, § 365.— [Rep.