Goodkin v. Brooklyn & Queens Transit Corp.

Judgment affirmed, with costs. Exhibit C for identification was not admissible in evidence. It contained opinions which were not records of an act, transaction, occurrence or event made in the course of the doctor’s profession. Lazansky, P. J., Kapper and Hagarty, JJ., concur; Carswell and Scudder, JJ., dissent and vote for reversal and a new trial, with the following memorandum: There was ample evidence to sustain the finding of the jury that defendant M. J. O’Hara Contracting Company was negligent. The court, however, erred in excluding Exhibit C for identification. It was admissible under…