Judgment unanimously affirmed, without costs.
In our opinion, the references to workmen's compensation were unnecessary and improper but were waived by plaintiff by cross-examination of an officer of his employer with respect thereto and by calling a witness from the compensation carrier. (Johnson v. Gianino, 279 App. Div. 760.) It was error to refuse to charge, at plaintiff's request, that if two causes contribute to an accident and if defendant was responsible...
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