DE VITO v. KNETTEL


25 Misc.2d 928 (1960)

Joseph De Vito, Plaintiff, v. William Knettel, Defendant. William Knettel, Plaintiff, v. Joseph De Vito, Defendant.

City Court of the City of Long Beach, Nassau County.

November 21, 1960.


Attorney(s) appearing for the Case

Jules B. St. German for Joseph De Vito, plaintiff. John E. Morris and Louis M. Schachter for William Knettel, defendant. Frankston & Leavy (Nathaniel A. Leavy of counsel), for William Knettel, plaintiff. O'Brien & Kelly (Donald H. Boehner of counsel), for Joseph De Vito, defendant.


ABRAHAM SCHLISSEL, J.

In this consolidated action arising out of a two-car collision each driver sought a recovery for personal injuries alleged to have been caused by the negligence of the other.

The court accordingly instructed the jury that neither litigant could recover against the other unless he satisfied at least five of the six jurors that the other driver was negligent and that he was free from contributory negligence.

In addition...

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