KAYWOOD v. WEBB & KNAPP, INC.


286 A.D. 994 (1955)

Kay Kaywood, Respondent, v. Webb and Knapp, Inc., Appellant

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

October 4, 1955.


Testimony from plaintiff and her mother as to brain injury and convulsions should not have been received in evidence in view of the fact that no such injuries had been asserted in the bill of particulars served over four years before the trial and not amended since; nor should the physician have been permitted to relate that he had found brain injuries which had not been set forth in any manner in the bill. This witness had not treated plaintiff at any time but had examined...

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