Hayes v. City of New York

Judgment unanimously reversed on the law and a new trial ordered, with $50 costs to appellant to abide the event. This action for the wrongful death of one plaintiff’s intestate and for personal injuries to the other plaintiffs arose from a collision between an automobile driven by the deceased and an ambulance. The trial court committed two serious and prejudicial errors in the exclusion of testimony. The city offered the Medical Examiner’s report to show the presence of 3-plus alcohol in the brain of the deceased. The report was excluded. The report was clearly admissible (lovino v. Green…