Wilson v. Commercial Travelers Mutual Accident Ass'n of America

Appellate Division of the Supreme Court of New York

Wilson v. Commercial Travelers Mutual Accident Ass'n of America

277 A.D.2d 1103

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 12, 1950

StatusPublished

This text of 277 A.D.2d 1103 (Wilson v. Commercial Travelers Mutual Accident Ass'n of America) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wilson v. Commercial Travelers Mutual Accident Ass'n of America, 277 A.D.2d 1103 (N.Y. Ct. App. 1950).

Pincite

Opinion

While the evidence as to the taking and handling of the blood sample in this case was not all that could be desired, we think there was a sufficient showing of a routine and regular course of business to make the evidence and report of the blood analysis admissible, leaving to the jury the question of what weight, if any, it would give to the evidence. It was, therefore, error for the court to strike the evidence and direct a verdict for the plaintiff. Judgment reversed and a new trial ordered. The respective parties may wish to avail themselves of the opportunity which a new trial affords to check further on the conditions under which this blood sample was taken and show more clearly whether the taking, handling and testing were in accordance with accepted hospital and technical standards. Present — Peck, P. J., Glennon, Dore, Van Voorhis and Shientag, JJ.; Dore, J., dissents and votes to affirm. Settle order on notice.

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While the evidence as to the taking and handling of the blood sample in this case was not all that could be desired, we think there was a sufficient showing of a routine and regular course of business to make the evidence and report of the blood analysis admissible, leaving to the jury the question of what weight, if any, it would give to the evidence. It was, therefore, error for the court to strike the evidence and direct a verdict for the plaintiff. Judgment reversed and a new trial ordered. The respective parties may wish to avail themselves of the opportunity which a new trial affords to check further on the conditions under which this blood sample was taken and show more clearly whether the taking, handling and testing were in accordance with accepted hospital and technical standards. Present — Peck, P. J., Glennon, Dore, Van Voorhis and Shientag, JJ.; Dore, J., dissents and votes to affirm. Settle order on notice.

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Bluebook (online)

277 A.D.2d 1103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-commercial-travelers-mutual-accident-assn-of-america-nyappdiv-1950.