BARBETTA v. COSTA


15 A.D.2d 720 (1962)

Loretta Barbetta, an Infant, by Anthony Barbetta, Her Guardian ad Litem, Appellant, v. Palma Costa, Respondent

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

January 4, 1962


Judgment reversed on the law and facts and a new trial granted, with costs to appellant to abide the event.

Memorandum:

The finding of defendant's freedom from negligence implicit in the verdict of the jury is against the weight of the evidence. In reversing we direct attention on our initiative to the answer served herein. The complaint contains the usual allegations that defendant owned a motor vehicle; that on a stated day the injured plaintiff was a passenger...

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