Fineman v. Krebs

The order on reargument which denied a motion to set aside verdict and grant a new trial should be reversed and motion granted; judgment unanimously reversed upon the law and facts and a new trial ordered, with costs to the plaintiff to abide the event. The infant’s testimony is the only testimony in the record bearing on the question of liability. Unsworn testimony of an infant is not permissible in a civil action (People v. Klein, 266 N. Y. 188; Agnew v. Brooklyn City R. R. Co., 5 N. Y. S. 756, affd. 117 N. Y. 651; Michel v. Semer, 205 App. Div. 281 [1st Dept.]; Ranofsky v. Frank, 208 App.…