Hadges v. New York Rapid Transit Corp.

We think that the trial court committed prejudicial error in receiving in evidence the photograph of the stairway, plaintiff’s Exhibit 12. There' is no proof that the exhibit was in fact a photograph of the stairway on which plaintiff claims to have fallen. An examination of the record does not sustain respondent’s contention that appellant’s witness (the porter) sufficiently identi*155fied the photograph to warrant its admission. Moreover, assuming that the photograph had been properly identified, its admission was improper because it was introduced for the palpable purpose of showing repairs to…