DORN v. BUTTS


46 Misc.2d 953 (1965)

Willie Dorn, Appellant, et al., Plaintiff, v. Jessie Butts et al., Respondents.

Supreme Court, Appellate Term, First Department.

April 8, 1965


Attorney(s) appearing for the Case

Clifford A. Scott for appellant. Terhune, Gibbons & Mulvehill (Hubert D. Miles of counsel), for Jessie Butts, respondent. Millard N. Bush and Joseph M. Darby for Rosalie Lapadura and another, respondents.

Concur — TILZER, J. P., GOLD and CAPOZZOLI, JJ.


Per Curiam.

The court charged the jury that, there being no claim that plaintiff was contributorily negligent, any one of four verdicts was possible: that both defendants were negligent; that either one or the other was negligent; or that the accident was unavoidable and neither defendant was liable. The verdict reached by the jury was the fourth alternative, that the injuries were received by the plaintiff as the result of an unavoidable accident.

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