Hasler v. Smith

Full title: JULIUS HASLER, Respondent, v. COURTLAND SMITH, Appellant

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

Date published: Dec 1, 1918

186 App. Div. 956 (N.Y. App. Div. 1918)

Opinion

December, 1918.

Judgment and order reversed and new trial granted, costs to abide the event, because of defendant's exceptions at folios 114, 115. The admission of Bradley after the collision, and when plaintiff had been bandaged, were not part of the res gestæ. ( Kay v. Metropolitan Street R. Co., 163 N.Y. 447; Jankowski v. Borden's Condensed Milk Co., 176 App. Div. 453.) Jenks, P.J., Thomas, Rich, Putnam and Blackmar, JJ., concurred.