Stanley v. Surface Transit, Inc.

Judgment for plaintiff, entered upon verdict of a jury, unanimously reversed, upon the law and the facts, and in the interests of justice, verdict vacated and new trial directed, with costs to defendant to abide the event. It was prejudicial error for the trial court to allow the police officer to testify to statements by the bus driver that he did not know what happened and that he did not see anybody. Such statements, made after the accident, were not binding on the defendant transit company. In view of the long-time experience of plaintiff’s trial counsel in the trial of this type of ease,…