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Iovino v. Green Bus Lines, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Oct 23, 1950
277 App. Div. 1002 (N.Y. App. Div. 1950)

Summary

In Iovino v. Green Bus Lines (277 App. Div. 1002, 1003), the court held: "It was error to exclude the report of the toxicologist as to the quantity of alcohol found in the brain of the deceased. * * * The report was made pursuant to law and in the regular course of business."

Summary of this case from Matter of Kevin G

Opinion

October 23, 1950.


Defendants appeal from a judgment for $41,478.06, entered on the verdict of a jury, in a death action by the plaintiff administrator to recover damages sustained by reason of the alleged negligent operation of a bus by defendant Green Bus Lines, Inc. Judgment reversed on the law and new trial granted, with costs to appellants to abide the event. It was error to exclude the report of the toxicologist as to the quantity of alcohol found in the brain of the deceased. (New York City Charter, § 878; Administrative Code of City of New York, §§ 556-13.0, 878-3.0 to 879-2.0 inclusive; Civ. Prac. Act, § 367; People v. Nisonoff, 293 N.Y. 597; 5 Wigmore on Evidence [3d ed.], § 1635, p. 529.) The report was made pursuant to law and in the regular course of business. Nolan, P.J., Carswell, Sneed, Wenzel and MacCrate, JJ., concur.


Summaries of

Iovino v. Green Bus Lines, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Oct 23, 1950
277 App. Div. 1002 (N.Y. App. Div. 1950)

In Iovino v. Green Bus Lines (277 App. Div. 1002, 1003), the court held: "It was error to exclude the report of the toxicologist as to the quantity of alcohol found in the brain of the deceased. * * * The report was made pursuant to law and in the regular course of business."

Summary of this case from Matter of Kevin G
Case details for

Iovino v. Green Bus Lines, Inc.

Case Details

Full title:THOMAS IOVINO, as Administrator of the Estate of PHILIP IOVINO, Deceased…

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

Date published: Oct 23, 1950

Citations

277 App. Div. 1002 (N.Y. App. Div. 1950)

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