Erickson v. Bork

Upon a former trial a jury rendered a verdict in favor of the plaintiff, which was reversed upon appeal (225 App. Div. 188). The action was brought to recover in negligence for the death of plaintiff’s intestate.

The following question is determined upon this motion: Plaintiff introduced statements of deceased made after the accident as to pain then existing, and claimed that that pain was the result of the accident. The question arises as to the competency of evidence of third persons introduced by defendant to the effect that deceased, *289prior to the accident, made similar statements as to…