Kowler v. National Transportation Co.

Ro opinion. Lazansky, P. J., Carswell, Johnston and Close, JJ., concur; Taylor, J., dissents and votes to reverse the judgment and to grant a new trial, with the following memorandum: Plaintiff was injured in a collision between himself, a pedestrian, and a taxicab of the appellant. A physician, called by appellant testified on direct examination that he examined the plaintiff on behalf of his (plaintiff’s) employer, but admitted on cross-examination that he examined plaintiff on behalf of an insurance company named by plaintiff’s counsel. It was conceded in a colloquy held in the absence of…