Judgment reversed on the law and new trial granted, with costs to appellants to abide the event.
It was error to exclude the report of the toxicologist as to the quantity of alcohol found in the brain of the deceased. (New York City Charter, § 878; Administrative Code of City of New York, §§ 556-13.0, 878-3.0 to 879-2.0 inclusive; Civ. Prac. Act, § 367; People v. Nisonoff, 293 N.Y. 597; 5 Wigmore on Evidence [3d ed.], § 1635, p. 529...
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