FLEMING v. FIFTH AVE. COACH LINES, INC.


23 A.D.2d 726 (1965)

Philomena Fleming, Appellant, v. Fifth Avenue Coach Lines, Inc., et al., Respondents

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

April 1, 1965


Judgment for defendant unanimously affirmed, with $50 costs to respondents.

Although the trial court was apparently in error in the receipt as evidence of the report and records of the police officer and, in any event, in the failure, on request of plaintiff's counsel, to properly limit consideration thereof to the issue of credibility of the officer, the plaintiff is not entitled to a new trial. Upon the whole case, the plaintiff failed as a matter of law to establish...

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