¶1Judgment and order reversed and new trial granted, costs to abide the event, because of defendant’s exceptions at folios 114, 115. The admissions of Bradley after the collision, and when plaintiff had been bandaged, were not part of the res gestee. (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 Blaekmar, JJ., concurred.
186 A.D. 956
Hasler v. Smith
Appellate Division of the Supreme Court of the State of New York
Decided December 15, 1918
Appellate Division of the Supreme Court of the State of New York · decided 1918-12-15
Relies on Kay v. Metropolitan Street Railway Co.
Decided 1918-12-15