(Download) "Alexander Coury Et Al. v. Safe Auto Sales" by Supreme Court of New York " eBook PDF Kindle ePub Free
eBook details
- Title: Alexander Coury Et Al. v. Safe Auto Sales
- Author : Supreme Court of New York
- Release Date : January 23, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
The questions of fact have not been considered. The testimony of only one witness is contained in the record on appeal. His testimony that the vehicle in which the injured plaintiff was a passenger-guest went into a skid back and forth, crossed over onto the wrong side of the road and collided with a pickup truck going in the opposite direction was not per se sufficient to warrant the trial court's directing a verdict for plaintiffs on the issue of liability. With no further explanation as to cause forthcoming or available because of the death of the driver of the skidding vehicle and because the plaintiff passenger-guest was asleep at the time of the occurrence, plaintiffs presented at best a prima facie case sufficient to go to the jury to determine liability predicated on its evaluation of the foregoing testimony and all the other facts adduced from this witness (see Pfaffenbach v. White Plains Express Corp., 17 N.Y.2d 132). Disposition Judgment reversed, on the law, and new trial granted, with costs to appellants to abide the event.
 "Alexander Coury Et Al. v. Safe Auto Sales" by Supreme Court of New York " eBook PDF Kindle ePub Free){kind=link}