KRONICK v. LAZERE


11 A.D.2d 739 (1960)

Ruth W. Kronick et al., Appellants, v. Monroe Lazere et al., Respondents

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

June 27, 1960


Judgment affirmed, with costs.

Upon the proof adduced and under the charge of the Trial Justice to which no exception was taken by plaintiffs' trial counsel, the jury was free: (1) to find that both vehicles were prudently operated at the time of the collision; and (2) to accept the defendants' contention that the accident was unavoidable despite the admitted fact that the Nelson vehicle skidded on an icy coating of the roadway at a point of incline and, as a result...

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