Cornwell v. Cleveland

Judgment unanimously reversed, on the law and facts, and a new trial granted, with costs to abide the event. Memorandum: The court correctly charged the jury that the contributory negligence of this five-year-old decedent was a question of fact for its determination (Trippy v. Basile, 44 A D 2d 759). However, because of the erroneous admission of the unsigned statement of Police Lieutenant Klipfel, called as a witness by defendant, over the objection of plaintiff’s counsel, a new trial is required. The statement was self-serving evidence introduced on redirect examination and used to bolster…