Tyson v. Bittner

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. T. 283; Meed v. Order of United Commercial Travelers of America, 123 F. 2d 252; D’Amato v.…