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Tyson v. Bittner

Appellate Division of the Supreme Court of New York, Second Department
Apr 22, 1957
3 A.D.2d 861 (N.Y. App. Div. 1957)

Opinion

April 22, 1957


In an action to recover damages for personal injuries alleged to have been sustained when a motor vehicle owned and operated by appellant struck respondent, a pedestrian, the appeal is from a judgment entered on a jury verdict for $10,000 in favor of respondent. Judgment reversed and a new trial granted, with costs to appellant to abide the event. It was error to exclude the entry in the nurses' notes in the hospital record that respondent was "apparently intoxicated" ( Williams v. Alexander, 309 N.Y. 283; Reed v. Order of United Commercial Travelers of America, 123 F.2d 252; D'Amato v. Johnson, 140 Conn. 54; Leonard v. Boston El. Ry. Co., 234 Mass. 480). The interpretation and significance of the entry were matters for the jury. We cannot say that the erroneous exclusion did not affect, and could not have affected, the verdict. Nolan, P.J., Wenzel, Beldock, Ughetta and Kleinfeld, JJ., concur.


Summaries of

Tyson v. Bittner

Appellate Division of the Supreme Court of New York, Second Department
Apr 22, 1957
3 A.D.2d 861 (N.Y. App. Div. 1957)
Case details for

Tyson v. Bittner

Case Details

Full title:MORTON TYSON, Respondent, v. JAMES J. BITTNER, Appellant

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

Date published: Apr 22, 1957

Citations

3 A.D.2d 861 (N.Y. App. Div. 1957)

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