Opinion
October 6, 1941.
In an action to recover damages for personal injuries and for loss of services, judgment entered on the verdict of a jury in favor of the defendant reversed on the law and the facts and a new trial granted, with costs to appellants to abide the event. The testimony of defendant in relation to the prior accident, although hearsay, was admissible. ( Reed v. McCord, 160 N.Y. 330, 341; Davison v. Long Island Home, Ltd., 243 App. Div. 791. ) Furthermore, the charge of the court was inadequate and the determination is against the weight of the evidence. Lazansky, P.J., Johnston, Adel, Taylor and Close, JJ., concur.