Majority
p. 747Edward Helder, Julia Helder, an Infant over Fourteen Years of Age, by Edward R. Helder, Her Guardian ad Litem, and Harry Helder, Respondents, v. Ignatz Wiesel, Sued as Ignaz Wiesel, and Benjamin Wiesel, Appellants.
In an action to recover for injuries to person and property arising out of a collision between two automobiles, judgment in favor of plaintiffs reversed on the law and a new trial granted, costs to appellants to abide the event. In view of the conflicting claims as to how the collision occurred, it was error to exclude testimony, offered by defendants, as to the nature and extent of the damage to plaintiff Harry Helder’s automobile. Davis, Adel and Close, JJ., concur; Hagarty and Johnston, JJ., dissent and vote to affirm.