Appellate Division of the Supreme Court of New York, 1949

Miller v. New York Central Railroad

Miller v. New York Central Railroad
Appellate Division of the Supreme Court of New York · Decided November 16, 1949
276 A.D.2d 795
Miller v. New York Central Railroad

Opinion of the Court

*796Foster, P. J., Heffernan and Brewster, JJ., concur; Santry, J., dissents, in the following memorandum in which Bergan, J., concurs: I dissent. On conflicting testimony the jury resolved the issues in favor of the defendant. There was ample evidence to support the verdict. The action of the trial court in denying plaintiff’s motion to exclude all witnesses from the courtroom except the one under examination did not constitute reversible error. The exclusion was a matter resting in the discretion of the court, and the record does not indicate that this discretion was abused. The judgment should be affirmed, without costs.

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