Lo Tufo v. Bangert

Headnote

Negligence — motor vehicles — evidence — action to recover, for personal injuries sustained in collision — improper exclusion of evidence of statements made by defendant after accident.

Lo Tufo v, Bangert, 219 App. Div. 831 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 11, 1927, reversing a judgment in favor of defendant entered upon a verdict and granting a new trial in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of

defendant in the operation, management and control of his automobile and by reason of the fact that the defendant operated it in a negligent, reckless and careless manner, thereby colliding with a car in which plaintiff was riding and causing the injuries complained of. The Appellate Division reversed on the ground of error in the exclusion of evidence of statements made by the defendant immediately after the accident.