Blair v. Cent. Greyhound Lines, Inc. of N.Y

Full title: EDITH BLAIR, Appellant, v. CENTRAL GREYHOUND LINES, INC. OF NEW YORK…

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 1, 1960

12 A.D.2d 724 (N.Y. App. Div. 1960)

Opinion

December 1, 1960

Appeal from the Oneida Trial Term.

Present — Bastow, J.P., Goldman, Halpern and Henry, JJ.

Judgment unanimously reversed on the law and facts and a new trial granted, with costs to appellant to abide the event. Memorandum: The admission into evidence of the written statements of two witnesses for the defendant, both of which contained a question and conclusory answer stating that the witnesses did not "consider bus driver at fault", was error and greatly prejudicial to plaintiff. The testimony of these witnesses was in no manner shaken by cross-examination or given the appearance of being a recent fabrication. ( Crawford v. Nilan, 289 N.Y. 444; Richardson, Evidence [8th ed.], § 530, p. 511.) The admission of these statements makes a new trial necessary.