BREEN v. AREITER


13 A.D.2d 833 (1961)

Patricia Breen et al., Infants, by Maurice Breen, their Guardian ad Litem, et al., Respondents, v. John Areiter, Appellant, et al., Defendant

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

May 31, 1961


Judgment insofar as appealed from reversed, without costs, action severed as to said defendant Areiter and a new trial ordered as against him.

The only proof as to such defendant's negligence is that he made a slight unexplained swerve within his own lane. There is no proof that he was ever out of his lane or on the wrong side of the road; no proof of a slippery road, had visibility or heavy traffic; no proof of dangerous speed, either with relation to road or traffic...

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