Mashley v. Kerr

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The trial record testimony does not reveal why plaintiff failed to produce certain medical witnesses. In this circumstance, the court’s charge relative to what inferences may be drawn from such failure was proper (see PJI 1:75). Likewise, the court’s ruling to receive in evidence certain exhibits consisting of accident reports made by the investigating officer may not be disturbed in view of a failure to make timely objection to their receipt, or to take proper exception thereto, other than with…