Stewart v. Mascot Amusement Co. , 223 A.D. 887 ( 1928 )

The comment of the trial justice during the course of the trial and the colloquy in reference to the charge necessitate a reversal of this judgment. Judgment and order reversed and a new trial ordered, with costs to the appellant to abide the event. Present — Dowling, P. J., Merrell, Finch, McAvoy and Prosbauer, JJ.; Merrell and Finch, JJ., dissent.