Opinion
July, 1935.
Action to recover for personal injuries sustained by plaintiff by being struck at night by defendants' automobile while engaged in his duties as a police officer. Judgment for the defendants entered upon the verdict of the jury and order denying plaintiff's motion for a new trial reversed on the law and the facts and a new trial granted, with costs to abide the event. In our opinion, the verdict is contrary to the practically uncontradicted evidence on the questions of negligence and contributory negligence, and for that reason, as well as because of the erroneous charge of the court at folio 220, and in the interest of justice, there should be a new trial. Carswell, Scudder, Tompkins and Johnston, JJ., concur; Lazansky, P.J., concurs for a new trial on the ground it was error to exclude admissions made by defendant Harry Gordon Pierce before the magistrate.