George v. Owners Trucking Corp.

Judgment and order reversed on the facts as a matter of discretion and a new.trial granted, with costs to the appellant to abide the event. Memorandum: On the facts, the question of liability was a close one. So close, indeed, that we would not be justified in disturbing the verdict of no cause for action were we convinced that the plaintiff had had a fair trial. The tactics indulged in by the defendants’ trial counsel, particularly in his cross-examination of the plaintiff, convince us that the plaintiff did not have a fair trial. The questions propounded to the plaintiff on…