Opinion
March 3, 1943.
Appeal from Supreme Court, Schoharie County.
Plaintiff was nonsuited as to the defendant The Great Atlantic Pacific Tea Company at the close of his case. The jury returned a verdict of no cause of action as to the other two defendants. Plaintiff appeals from both judgments. This was a closely contested automobile accident case in which the speed of the defendants' truck was an important factor. Plaintiff's car was struck, as it came out of the driveway on the north side of a two-strip concrete highway, by a truck on which was painted the name of the defendant Tea Company and which was delivering goods for the Tea Company. The trial court excluded evidence of a disinterested witness, as to the speed of the truck, who saw the truck traveling for a distance of 300 feet when it was 700 feet from the scene of the accident. This was error. The plaintiff was also denied a reasonable opportunity to further cross-examine a State trooper, who was a witness for the defendant and who, it was claimed, had made a written report of the accident contradictory to his direct testimony. Judgments and orders reversed on the law and facts, with costs to the appellant to abide the event, and a new trial granted. All concur.