BROWN v. WESTERN UNION TEL.


26 A.D.2d 316 (1966)

Charles G. Brown, an Infant, by Joseph A. Brown, His Guardian ad Litem, Appellant, v. Western Union Telegraph Company et al., Respondents Joseph A. Brown, Appellant, v. Western Union Telegraph Company et al., Respondents

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

October 27, 1966.


Attorney(s) appearing for the Case

Abelove & Myers (David N. Hurd of counsel), for appellants.

Evans, Pirnie & Burdick (Herbert L. Warren and Arthur W. Evans of counsel), for respondents.

WILLIAMS, P. J., BASTOW, HENRY and MARSH, JJ., concur.


GOLDMAN, J.

In this negligence action arising out of a bicycle accident plaintiffs appeal from a jury verdict of no cause of action on the sole ground that the court erred in permitting the reading to the jury of a signed statement which was not admitted into evidence. The accident occurred on July 9, 1953 and the trial was held nearly 12 years thereafter. Defendants subpœnaed a witness who was 13 years...

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