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CORNWELL v. CLEVELAND

44 A.D.2d 891 (1974)

Barbara A. Cornwell, as Administratrix of The Estate of Judy E. Cornwell, Deceased, Appellant, v. Howard J. Cleveland, Respondent

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

May 23, 1974

Judgment unanimously reversed, on the law and facts, and a new trial granted, with costs to abide the event.

Memorandum:

The court correctly charged the jury that the contributory negligence of this five-year-old decedent was a question of fact for its determination (Trippy v. Basile, 44 A.D.2d 759). However, because of the erroneous admission of the unsigned statement of Police Lieutenant Klipfel, called as a witness...

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