New York Supreme Court December 1, 1856 (Pickard v. Collins)

By the Court, T. R. Strong, J.

The testimony of the plaintiff, on the trial of another case, which was proposed to be proved, to the effect that no gas tar had been put on the fence after he moved on the premises occupied by him, which is directly contrary to his testimony on the trial of this ease, regarded as an admission, was relevant evidence in this ease on the issue joined upon the first