OWEN v. BRUGGER


5 A.D.2d 758 (1957)

Mary Owen et al., Appellants, v. George D. Brugger, Respondent

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

December 20, 1957


Judgment and order reversed on the law and facts and verdicts of the jury reinstated, with costs.

Memorandum:

The County Court set aside verdicts of the jury in favor of both plaintiffs on the grounds that the plaintiff driver "was contributorily negligent as a matter of law, in that she failed to see the defendant's car" overtaking her from the rear. This question, it seems to us, was one of fact. The plaintiff testified that she looked before turning. Whether...

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