General

Mary Foley, as Administratrix, etc., of John Foley, Deceased, Respondent, v. Brooklyn Eastern District Terminal, Appellant. Charles Petez, Defendant

219 A.D. 729·New York Supreme Court, Appellate Division·1927·NY

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Opinion

Mary Foley, as Administratrix, etc., of John Foley, Deceased, Respondent, v. Brooklyn Eastern District Terminal, Appellant. Charles Petez, Defendant. [MAJORITY] Judgment, as amended, reversed on the law, and a new trial granted, with costs to appellant to abide the event. It was error to admit in evidence plaintiff’s Exhibit 3-3A, because, first, being in part at least a contradictory statement, it was used to impeach plaintiff’s witness; second, a part of the statement was a conclusion of the witness, growing out of conditions which he did not see. Kelly, P. J., Jaycox, Young, Kapper and Lazansky, JJ., concur.