Trupin v. New York City Interborough Railway Co.

We are of opinion that a fair trial of plaintiffs’ case was not accorded. The trial justice charged their counsel in the jury’s presence with bad faith in the cross-examination of a witness, and when counsel protested that he was acting in good faith, replied: “ Now, that is what you say. I do not believe you.” Remarks and statements by the court reflecting on the good faith of counsel have been held to constitute error. (Kleinert v. Federal Brewing Co., 107 App. Div. 485; Peterson v. Eighmie, 175 id. 113.) In addition the jury were told in the charge that in the experience of the trial…