
    L. M. Booth Company, Appellant, v. People’s Ice and Fuel Company, Respondent.
    (Supreme Court, Appellate Term, First Department,
    December, 1915.)
    Trial — absence of judge — violation of orderly course of procedure.
    The absence of the trial judge for one-half hour or more during the reading of documentary evidence and during most of the time counsel were summing up, though not objected to by either counsel, renders the trial not such a trial as is required by the orderly course of procedure, and an order denying the motion to vacate and set aside the verdict will be reversed and a new trial ordered.
    Appeal by the plaintiff from an order of the City Court of the .city of New York denying a motion to vacate and set aside the verdict of the jury.
    Brigham & Wilson (Edward H. Wilson, of counsel), for appellant.
    Roberts & Hepburn (Julian G-. Roberts, of counsel), for respondent.
   G-uy, J.

It is uncontradioted that during the trial of this action the trial judge was absent for a half hour or more during the reading of documentary evidence and during the greater part of the time that counsel were engaged in summing up to the jury. While no objection to such absence'was made by either counsel, we are of the opinion that there has been no trial of the action before a court and jury as is required by orderly course of procedure.

Page and Philbin, JJ., concur.

The order will, therefore, be reversed, the judgment vacated and a new trial ordered, with ten dollars costs and disbursements to appellant to abide the event.  