¶1This ease was tried and submitted on the theory of negligence. We think that the court erred in excluding testimony at folios 291 and 292, which was relevant and material, upon that issue. Judgment and order reversed and new trial granted, costs to abide the event. Jenks, P. J., Thomas, Putnam, Blaekmar and Kelly, JJ., concurred.
182 A.D. 932
Nitch v. McCann
Appellate Division of the Supreme Court of the State of New York
Decided February 15, 1918
Appellate Division of the Supreme Court of the State of New York · decided 1918-02-15
Decided 1918-02-15