Appellate Division of the Supreme Court of New York, 1957

Truesdale v. Dueger

Truesdale v. Dueger
Appellate Division of the Supreme Court of New York · Decided May 24, 1957
3 A.D.2d 985; 162 N.Y.S.2d 957; 1957 N.Y. App. Div. LEXIS 5329
Truesdale v. Dueger

Opinion of the Court

Judgment reversed on the law and facts and a new trial granted with costs to the appellant to abide the event. Memorandum: The trial court improperly limited the issues presented by the pleadings in this action and, in our opinion, thereby deprived the plaintiff of a fair trial. All concur, except McCurn, P. J., and Williams, J., who dissent and vote for affirmance. (Appeal from a judgment of Niagara Trial Term for defendant for no cause of action, in an action for damages for personal injuries alleged to have been sustained by plaintiff by reason of negligent operation of a motor boat.) Present — MeCurn, P. J., Vaughan, Williams, Bastow and Goldman, JJ.

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