Judgment reversed on the law and a new trial granted, with costs to the appellant to abide the event.
Memorandum:
Plaintiff's automobile, while standing at an intersection waiting for the traffic signal to change to proceed, was struck from the rear by defendant's car. Defendant rested at the close of plaintiff's evidence. The only explanation as to the cause of the collision is a statement purportedly made to plaintiff by the defendant following the collision...
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