Mora v. Franklin Feed Stores
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by Rosa Della Mora, by Virginia Della Mora, her guardian ad litem, against the Franklin Feed Stores. From a judgment for plaintiff, defendant appeals. Reversed and remanded.
1Opinion of the CourtLehman, J.
[1] The plaintiff, an infant 10 years of age, was injured by a truck owned by the defendant. There is some evidence that the defendant’s driver was negligent, though this evidence is not very convincing. The trial justice, however, admitted the unsworn statement of the plaintiff as evidence, and there can be no doubt that no statement of a witness not given under the sanctity of an oath can be admitted in a civil case if the introduction of such evidence is properly objected to. Gavrilutz v. Savage, 166 App. Div. 309, 151 N. Y. Supp. 808.
[2] The only question we need therefore consider in…
2Cases cited1 opinion
- Gavrilutz v. SavageAppellate Division of the Supreme Court of the State of New York · 1915