TORNAMBE v. TORNAMBE


16 A.D.2d 680 (1962)

Mary Tornambe, Respondent, v. Paul R. Tornambe et al., Appellants

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

April 16, 1962


Judgment reversed on the law and the facts, without costs, and complaint dismissed.

Plaintiff failed to show, either by direct proof or by circumstantial evidence, her freedom from contributory negligence. No presumption that she was free from blame arises from the mere happening of an injury and from proof that defendant was, or might have been, negligent (Weston v. City of Troy, 139 N.Y. 281, 282). When, as in this case, circumstances point as much to the...

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