Olshansky v. Prensky
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Nathan Prensky, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 3d day of May, 1918, upon the verdict of a jury for $1,500, and also from an order entered in said clerk’s office on the 7th day of May, 1918, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Blackmar, J.:
The judgment recovered by the plaintiff rests upon the testimony of two children, one, the plaintiff, who was about six years and eight months old at the time of the trial, and the other her playmate, then seven years and six months old. *470The plaintiff when called as a witness was admitted and sworn over the protest of defendant’s counsel without any preliminary inquiry by the presiding justice as to her intelligence or appreciation o.f her duty to tell the truth. The other child was also swor.n without such examination. We think that the judgment cannot be sustained. When there…
2Cases cited4 opinions
- Wheeler v. United StatesSupreme Court of the United States · 1895
- People v. LinzeyNew York Supreme Court · 1894
- Hughes v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1887
- Jackson ex dem. Tuttle v. GridleyNew York Supreme Court · 1820
3Cited by13 opinions
- People v. OyolaNew York Court of Appeals · 1959
- People v. KleinNew York Court of Appeals · 1935
- People v. MasianoAppellate Division of the Supreme Court of the State of New York · 1938
- Fritsch v. Central Trust Co.Appellate Division of the Supreme Court of the State of New York · 1941
- Kapuscinski v. KapuscinskiAppellate Division of the Supreme Court of the State of New York · 1980
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