ROTHMAN v. CITY OF NEW YORK

Action to recover damages for personal injuries suffered by plaintiff's decedent as a consequence of being struck by a trolley car owned and operated by the defendant. Judgment for the plaintiff, entered on the verdict of a jury, unanimously affirmed, with costs. The examination before the Comptroller, pursuant to section 93d-1.0 of the Administrative Code of the City of New York, was properly received in evidence where the claimant died before the trial of his action. (5 Wigmore on Evidence [3d ed.], § 1402; 2 Chamberlayne, Modern Law of Evidence, § 1660; Jackson ex dem. Potter v. Bailey, 2 Johns. 17; Cox v. Trustees of Pearce, 7 Johns. 298; Boschi v. City of New York, 187 Misc. 875, 877.)