Rothman v. City of New York

273 A.D. 780, 75 N.Y.S.2d 151, 1947 N.Y. App. Div. LEXIS 3127

Opinion

Action to recover damages for personal injuries suffered by plaintiff’s decedent as a consequence of being struck by a trolley car owned and operated by the defendant. Judgment for the plaintiff, entered on the verdict of a jury, unanimously affirmed, with costs. The examination before the Comptroller, pursuant to section 93d-1.0 of the Administrative Code of the City of New York, was properly received in evidence where the'claimant died before the trial of his action. (5 Wigmore on Evidence [3d ed.], § 1402; 2 Chamberlayne, Modem Law of Evidence, § 1660; Jackson ex dem. Potter v. Bailey, 2 Johns. 17; Gox v. Trustees of Pearce, 7 Johns. 298; Boschi V. City of New York, 187 Mise. 875, 877.) Present— Hagarty, Acting P. J., Carswell, Johnston, Adel and Sneed, JJ.