Schwartz v. Samuel Frank & Co.

Judgment reversed upon the law and the facts and a new trial granted, costs to appellant to abide the event. The court is of opinion that the remarks made by the trial *764justice at folios 117, 118, 125, 126 and 128 — although the last mentioned was corrected by the charge — were unjustified and prejudicial to the appellant. Lazansky, P. J., Young, Hagarty, Seeger and Carswell, JJ., concur.