Foley v. Brooklyn Eastern District Terminal

Judgment, as amended, reversed on the law, and a new trial granted, with costs to appellant to abide the event. It was error to admit in evidence plaintiff’s Exhibit 3-3A, because, first, being in part at least a contradictory statement, it was used to impeach plaintiff’s witness; second, a part of the statement was a conclusion of the witness, growing out of conditions which he did not see. Kelly, P. J., Jaycox, Young, Kapper and Lazansky, JJ., concur.