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Julius Hasler v. Courtland Smith
Judgment and order reversed and new trial granted, costs to abide the event, because of defendant’s exceptions at folios 114, 115. The admissions of Bradley after the collision, and when plaintiff had been bandaged, were not part of the res gestee. (Kay v. Metropolitan Street R. Co., 163 N. Y. 447; Jankowski v. Borden’s Condensed Milk Co., 176 App. Div. 453.) Jenks, P. J., Thomas, Rich, Putnam and Blaekmar, JJ., concurred.