GIORDANO v. EASTERN UTILS., INC.


9 A.D.2d 947 (1959)

Helen Giordano, Individually and as Administratrix of The Estate of Saverio J. Giordano, Deceased, Appellant, v. Eastern Utilities, Inc., et al., Respondents Eastern Utilities, Inc., Plaintiff, v. Helen Giordano, Individually and as Administratrix of The Estate of Saverio J. Giordano, Deceased, Defendants

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

December 31, 1959


Judgment insofar as it is in favor of the respondents on the cause of action to recover damages for wrongful death reversed, action severed, and a new trial granted on the issues raised by that cause of action and the answer thereto, with costs to abide the event.

At the trial respondent Van Dyke testified on direct examination that prior to the accident he had been driving in the left, or fast, lane of the highway, and the intestate was driving in the right, or slow...

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