BARBER v. KENNEDY


22 A.D.2d 965 (1964)

Raymond Barber, Appellant, v. Ronald Kennedy et al., Respondents

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

December 1, 1964


REYNOLDS, J.

Upon denying plaintiff's motion to set aside the verdict, the trial court said that the jury could conclude "that the driver of the car in which the plaintiff was riding and the plaintiff himself had such an amount to drink that it impaired the operator's ability, and that the plaintiff himself was guilty of contributory negligence in riding in the Buono car"; and that "as to the other defendant, Kennedy, the jury undoubtedly concluded that...

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