¶1 Judgment reversed and new trial granted, costs to abide event, on authority of Hethier v. Johns (233 N. Y. 370).
¶2 Concur: His cock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.
233 N.Y. 645
135 N.E 953
Hethier v. . Johns
Decided May 12, 1922
New York Court of Appeals · decided 1922-05-12
The action was to recover for loss of services and expense occasioned plaintiff by reason of personal injuries alleged to have been sustained by his wife through the negligence of defendant. The question on appeal was whether testimony of & physician, consulted by plaintiff’s wife, offered on behalf of defendant, was properly excluded under section 834 of the Code of Civil Procedure.
Relies on Hethier v. . Johns
Decided 1922-05-12