Conway v. Rivera

Judgment dismissing the complaint at the close of plaintiff’s case in a personal injury action reversed, on the law and on the facts, and a new trial directed, with costs to abide the event. Since the issue before the court was whether plaintiff had been struck by one of the vehicles as a result of the accident, the statement in respondent’s accident report that the Roger vehicle (Car No. 2) “mounted sidewalk and struck a pedestrian” is material and its exclusion was error. The accident report supplies a vital link in plaintiff’s chain of proof. Respondent’s admission constituted original…