Judgment reversed, on the law, and new trial granted, with costs to abide the event.
The questions of fact have not been considered. Over objection, defense counsel was permitted to introduce into evidence a police accident report made after the accident by an officer who was not an eyewitness and based upon information given to him. This was hearsay and inadmissible under Johnson v. Lutz (253 N.Y. 124). That portion of the trial court's charge to the jury...
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