Judgment and order reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event.
Memorandum:
The recital by the defendant as to how the accident happened if made by him, (as we understand it was from this confused record) was properly received in evidence as an admission. (Richardson on Evidence [6th ed.], § 357, p. 291; Reed v. McCord, 160 N.Y. 330.) The probative value of the defendant's recital was for...
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