Opinion
December 21, 1951.
In an action to recover damages for personal injuries, defendant appeals from a judgment in favor of plaintiff entered upon the verdict of a jury. The principal question litigated was whether plaintiff was struck by a trolley car owned by defendant, or by an automobile which left the scene of the accident. Judgment reversed on the facts and a new trial granted, with costs to abide the event. In our opinion, the verdict for plaintiff was against the weight of the evidence. The exclusion of the police officer's memorandum and report was not erroneous; and in any event no substantial right of the defendant was affected thereby. Nolan, P.J., Carswell, Johnston, Adel and MacCrate, JJ., concur.