Summary
In Duffy v. 42nd St. Manhattanville St. Nicholas Ave. Ry. Co. (266 App. Div. 865) it was held that a death certificate is properly admitted in evidence.
Summary of this case from People v. JonesOpinion
June 21, 1943.
Action to recover damages for the wrongful death of the plaintiff's intestate. Judgment in favor of the plaintiff and against the defendant reversed on the law and a new trial granted, with costs to appellant to abide the event. We are of opinion that the trial court erred in limiting the evidentiary effect of the death certificate to the time and place of decedent's death and excluding from the consideration of the jury that part of it showing the cause of the death of plaintiff's intestate. (Civ. Prac. Act, § 374-a; People v. Kohlmeyer, 284 N.Y. 366; Meiselman v. Crown Heights Hospital, 285 N.Y. 389; Roberto v. Nielson, 262 App. Div. 1035, affd. 288 N.Y. 581.) Close, P.J., Hagarty, Adel, Taylor and Lewis, JJ., concur.