Kerr v. Metropolitan Street Railway Co.

Appellate Terms of the Supreme Court of New York

Kerr v. Metropolitan Street Railway Co.

27 Misc. 190, 57 N.Y.S. 794

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 15, 1899

StatusPublished

This text of 27 Misc. 190 (Kerr v. Metropolitan Street Railway Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kerr v. Metropolitan Street Railway Co., 27 Misc. 190, 57 N.Y.S. 794 (N.Y. Ct. App. 1899).

Pincite

Opinion

MacLean, J.

In., an action brought to recover damages for injuries to a horse and wagon through collision with a car of the defendant, the plaintiff was allowed, contrary to the defendant’s objection and exception, to introduce and have read in evidence "from a blotter of the police department, an extract purporting to be the report of a police officer respecting, among other things, the conduct of the motorman at the time of the accident. Even were it hot. proven, as it was by his own testimony, that the officer did not see the occurrence, the reception in evidence of the blotter, wherein the motorman’s conduct was characterized as reckless and causative of the accident, was error prejudicial to. the defendant. It was at best but a record required for specific purposes, and not a public record in such sense as to make its contents evidence of. the facts as between private parties.. The judgment of the Gen[191]*191eral Term of the City Court should be reversed and a new trial-ordered, with costs to the appellant to abide the event.

Freedman, P. J., concurs; Leventritt, J., taking no part.

Judgment reversed and new trial ordered, with costs to appellant to abide event. •

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MacLean, J.

In., an action brought to recover damages for injuries to a horse and wagon through collision with a car of the defendant, the plaintiff was allowed, contrary to the defendant’s objection and exception, to introduce and have read in evidence "from a blotter of the police department, an extract purporting to be the report of a police officer respecting, among other things, the conduct of the motorman at the time of the accident. Even were it hot. proven, as it was by his own testimony, that the officer did not see the occurrence, the reception in evidence of the blotter, wherein the motorman’s conduct was characterized as reckless and causative of the accident, was error prejudicial to. the defendant. It was at best but a record required for specific purposes, and not a public record in such sense as to make its contents evidence of. the facts as between private parties.. The judgment of the Gen[191]*191eral Term of the City Court should be reversed and a new trial-ordered, with costs to the appellant to abide the event.

Freedman, P. J., concurs; Leventritt, J., taking no part.

Judgment reversed and new trial ordered, with costs to appellant to abide event. •

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Bluebook (online)

27 Misc. 190, 57 N.Y.S. 794, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kerr-v-metropolitan-street-railway-co-nyappterm-1899.