WILSON v. BUNGALOW BAR CORP.


285 A.D. 1191 (1955)

Glenn Wilson, an Infant, by His Guardian ad Litem, Ida Wilson, et al., Appellants, v. Bungalow Bar Corp. of America et al., Respondents

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

May 31, 1955.


Judgment reversed on the law and new trial granted, with costs to appellants to abide the event.

The admission into evidence of the police report concerning the accident was prejudicial error. It was offered by the defendant as affecting the credibility of the police officer, but since it was based on hearsay statements obtained by him at the scene of the accident after its occurrence and did not purport to be an assertion of fact of the officer's own knowledge, it...

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