HAYES v. CITY OF NEW YORK


23 A.D.2d 832 (1965)

Marie Hayes, as Administratrix of The Estate of Cleo Hayes, Deceased, et al., Respondents, v. City of New York, Appellant

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

May 13, 1965


Judgment unanimously reversed on the law and a new trial ordered, with $50 costs to appellant to abide the event.

This action for the wrongful death of one plaintiff's intestate and for personal injuries to the other plaintiffs arose from a collision between an automobile driven by the deceased and an ambulance. The trial court committed two serious and prejudicial errors in the exclusion of testimony. The city offered the Medical Examiner's report to show the presence...

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