Laimbeer v. Brown Bros. , 173 A.D. 978 ( 1916 )

Judgment reversed and new trial granted, costs to abide the event. This court is of opinion that it was error to exclude the testimony of the plaintiff as to the condition of the top of the wall in question when he last saw it before the time of the accident, in view of his testimony that no work had been done at the top of the wall between the time he saw it and the happening of the accident. Jenks, P. J., Thomas, Carr, Mills and Rich, JJ., concurred.