Orsolits v. H. Hyman Drum & Barrel Corp.

Judgment and order affirmed, with costs. Memorandum: The negligence of the defendant’s employees was a clear question of fact upon which the evidence is sufficient to sustain the verdict. That portion of the charge in regard to the inferences which may be drawn from the failure to call defendant’s president, Harry Hyman, as a witness, which charged that the jury might infer that “the evidence, if given, would be unfavorable to the defendant,” might well be, standing alone, erroneous. (Galbraith v. Busch, 267 N. T. 230, 233; Perlman V. Shanck, 192 App. Div. 179; Baimondo v. Fairchester Bakers,…