Judgment and order reversed upon the law, and a new trial granted, costs to abide the event, upon the ground that it was error to deny the motion of defendant, at folio 259 of the record, to strike out all testimony in reference to any conversation had with Henry Evans, by the plaintiff, or any other person, at some time subsequent to the accident.
Kelly, P. J., Rich, Jayeox, Manning and Young, JJ., concur.