Fleming v. Fifth Avenue Coach Lines, Inc.

Judgment for defendant unanimously affirmed, with $50 costs to respondents. Although the trial court was apparently in error in the receipt as evidence of the report and records of the police officer and, in any event, in the failure, on request of plaintiff’s counsel, to properly limit consideration thereof to the issue of credibility of the officer, the plaintiff is not entitled to a new trial. Upon the whole ease, the plaintiff failed as a matter of law to establish actionable negligence on the part of defendant, and the motion to dismiss, made at the close of the ease, upon which decision…