PELTON v. TESTA


1 A.D.2d 914 (1956)

Alfred W. Pelton, Respondent, v. Antonio Testa et al., Appellants, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 21, 1956


Respondent's automobile, proceeding westerly on a two-lane highway, met and collided first with appellants' automobile and then with that of defendant Tutay. The trial court charged, without exception, that the jury's finding as to where the first collision occurred with reference to the center line would determine the issue of negligence. Respondent testified that the collision was on his side of the highway, appellant Frank Testa and his passenger placed it on their side...

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