Appellate Division of the Supreme Court of New York, 1922

Russell v. Wnuk

Russell v. Wnuk
Appellate Division of the Supreme Court of New York · Decided December 15, 1922
204 A.D. 903
Russell v. Wnuk

Opinion of the Court

Judgment and order reversed upon questions of law only and new trial granted, with costs to appellant to abide event. Held, that it was reversible error for the trial court to refuse to receive the evidence of Dr. Bentz as to what he discovered upon an examination of the portion of the liver removed from the body of the deceased. (People v. Adams, 176 N. Y. 351; affd., 192 U. S. 585.) All concur, except Davis, J., who dissents and votes for affirmance.

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