HOWARD v. CITY OF NEW YORK


280 A.D. 809 (1952)

Lillian M. Howard, Appellant, v. City of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 16, 1952.


Judgment unanimously affirmed, with costs.

Evidence of the condition found by defendant's track inspector on August 16, 1950, was properly excluded since there was no proof that the condition on that date was the same as existed on May 6, 1950, the date of the accident. Admission of the hospital record of treatment given to plaintiff in 1940 and 1942, while technically erroneous, was not prejudicial. There is no merit to plaintiff's claim that she did not receive...

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