Appellate Division of the Supreme Court of the State of New York

Fitzgerald v. Middlebrook

1936 N.Y. App. Div. LEXIS 5513 · 249 A.D. 701 · 291 N.Y.S. 193

November 20, 1936

Queued for AI processing — next in lineest. ~177 min

Opinion

Two automobiles were in collision. A passenger was riding in each ear. The successful plaintiffs are the passengers. An action between the two drivers resulted in a verdict of no cause of action. The evidence sustains the verdict in each of the passenger cases. It justified the jury in finding that the defendant was on the wrong side of the highway, and that the accident was occasioned by that violation of the statute. Judgments and orders unanimously affirmed, with one bill of costs. Present — Hill, P. J., Rhodes, Crapser, Bliss and Heffernan, JJ.