AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

DONATO CELLAMARE, Respondent, v. THIRD AVENUE TRANSIT CORPORATION, Appellant.

Per Curiam.

It was prejudicial error to permit plaintiff's expert medical witness, who took X-ray pictures of the plaintiff, to testify, over defendant's objection and exception, to matters shown on the X rays and to findings based thereon, without producing the X-ray pictures and introducing them in evidence (3 Wigmore on Evidence, § 795; Gursslin v. Helenboldt, 259 App. Div. 1064; Marion v. Coon Construction Co., 216 N.Y. 178; O'Mara v. Curtin, 268 App. Div. 888). The judgment should be reversed and a new trial ordered, with costs to the appellant to abide the event.

PECK, P.J., COHN, CALLAHAN, VAN VOORHIS and SHIENTAG, JJ., concur.

Judgment unanimously reversed and a new trial ordered with costs to the appellant to abide the event. Settle order on notice.

Use AI to get other relevant cases.

Comments

CELLAMARE v. THIRD AVE. TRANSIT CORP
(Mar 1, 1948)