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DRESHER v. CUMMINGS

No. 139, Docket 27762.

325 F.2d 156 (1963)

Bernard DRESHER, Plaintiff-Appellant, v. Martin T. CUMMINGS, 2850 River Road, Schenectady, New York, and Mary E. Cummings, 2850 River Road, Schenectady, New York, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided November 22, 1963.

Attorney(s) appearing for the Case

Jerry, Lewis & Harvey, Plattsburgh, N. Y., for plaintiff-appellant.

Brown & Gallagher, Albany, N. Y., for defendants.

Before WATERMAN, MOORE and SMITH, Circuit Judges.

PER CURIAM.

Plaintiff and a passenger were injured when the automobile which plaintiff was driving collided with an automobile being operated by defendant, Mary E. Cummings. The jury found the defendant operator "guilty of negligence" and plaintiff "guilty of contributory negligence to a very minor degree." The jury awarded damages to the passenger. A verdict of "no cause of action" was returned in plaintiff's action. No objection was taken to the court's charge and...

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