Smirnoff v. McNerney

This action grew out of a collision between two automobiles at a street intersection. The appellant claimed error in certain rulings upon evidence. One of them is the exclusion of the report of the accident made by the defendant Peter McNerney to the commissioner of motor vehicles. McNerney was the driver of the car which was owned by his wife, the other defendant, and was claimed by the plaintiff to be a family car. The report would ordinarily have been admissible against him as a party to the action and against his wife by reason of the agency to make it implied in his being the operator of…