Judgment, insofar as appealed from, reversed on the law and the facts, with costs to abide the event; new trial ordered as between the plaintiff and said defendants only; and action severed as to the defendant City of New York.
In our opinion, the learned Trial Justice erred in excluding the Medical Examiner's report, and in refusing to recess the trial for a reasonable period of time to await the arrival of the Medical Examiner who had been subpœnaed as a witness...
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