The action arose out of a collision between two automobiles which occurred on April 18, 1947, on a public highway between the village of Edwards and the village of Gouverneur in St. Lawrence County. The verdict of the jury was against the weight of evidence, and plaintiff failed to prove his case by a preponderance of credible testimony. In excluding testimony as to alleged payments made by plaintiff to the defendant by way of compromise the trial court ruled correctly ( Tennant v. Dudley, 144 N.Y. 504; Emery v. Litchard, 137 Misc. 885). Judgment reversed on the law and the facts, and a new trial granted, with costs to abide the event. Foster, P.J., Heffernan, Brewster, Santry and Bergan, JJ., concur. [See post, p. 865.]