Appellate Division of the Supreme Court of New York, 1922

Ryan v. Frank L. Hall Co.

Ryan v. Frank L. Hall Co.
Appellate Division of the Supreme Court of New York · Decided March 15, 1922
201 A.D. 875; 193 N.Y.S. 952
Ryan v. Frank L. Hall Co.

Opinion of the Court

Judgment reversed and new trial granted, with costs to appellant to abide event. Held, that it was prejudicial error to exclude the testimony of the witness Catherine Burns, a child ten years of age, in the absence of a preliminary examination of the witness by the presiding justice, to ascertain her capacity and the extent of her knowledge.* All concur.

See Code Civ. Proe. § 850; now Civ. Prae. Act, § 365.— [Rep.

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