Kanner v. International Railway Co.

175 A.D. 911

Opinion

Judgment and order reversed and new trial granted, with costs to appellant to abide event. Held, that the court erred in permitting the witness to testify to the declarations of the deceased that his back was wrenched, and in view of the closeness of the case upon the facts we cannot hold that the error was not prejudicial. (See Greener v. General Eleetric Co., 209 N. Y. 135.) All concurred.