Menkelunas v. City of New York

Action to recover damages for the wrongful death of plaintiff’s intestate. Judgment dismissing the complaint at the close of the plaintiff’s case unanimously affirmed, with costs. The fragment of testimony given by police officer Evers to the effect that defendant’s motorman had told him that the decedent had come from the motorman’s left and gone over to the right when the accident happened did not establish as a substantive fact that the decedent had, in fact, crossed from the left to the right, that is, across the path of the trolley car. Such testimony, even if it were admissible (Civ.…