15 A.D.2d 898 | N.Y. App. Div. | 1962
We find that there was no negligence on the part of any of the defendants. In any event the death of plaintiff’s intestate was not proximately caused by any of their acts. Even were we not to dismiss the complaint we would nonetheless be obliged to reverse the judgment and order a new trial. It was error to admit the hearsay testimony of the police officer concerning the substance of his conversation with the watchman who had died prior to the trial. The watchman’s declaration was not one made against interest so as to constitute an exception to the exclusionary hearsay rule. For it to be such an exception it
