Jones v. S. T. Palay Textile Corp.

Over the objection of counsel for the plaintiff, the court stenographer was directed by the Trial Judge to go into the jury room and read a portion of the court’s charge. This was error entitling plaintiff to a new trial.

The case is unlike Gundersen v. All America Commerce Corp. (275 App. Div. 572), where the only reply which was necessary to a communication from the jury was a simple “ Yes ”. There we held no prejudicial reversible error was committed, although we took pains to point out that the proper practice, which was wise and salutary, was to have all further instructions given by the…