HANNAN v. SCHMITT


18 A.D.2d 854 (1963)

Robert F. Hannan, Appellant, v. Robert G. Schmitt, Respondent

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

January 11, 1963


A jury verdict in this negligence action was returned for the defendant and the question presented on plaintiff's appeal is whether this verdict is against the weight of credible evidence. To decide this question we must take the view of the proof most favorable to the verdict. Plaintiff's car had been moving in a westerly direction in the Albany-Shaker Road. Behind him moving in the same direction was the defendant's car. Plaintiff lived on the right side of the road and...

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