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MARTIN v. MARSHALL

25 A.D.2d 594 (1966)

Walter L. Martin, as Administrator of The Estate of Joan Martin, Deceased, Appellant, v. Charles Marshall et al., Respondents. (Action No. 1.) Judy Dumas, an Infant, by Floyd Dumas, Her Guardian ad Litem, Respondent, v. Charles Marshall, Respondent, et al., Defendant, and Walter L. Martin, as Administrator of The Estate of Joan Martin, Deceased, Appellant. (Action No. 2.) Floyd Dumas, Respondent, v. Charles Marshall, Respondent, et al., Defendant, and Walter L. Martin, as Administrator of The Estate of Joan Martin, Deceased, Appellant. (Action No. 3.)

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

February 14, 1966

Per Curiam.

The plaintiffs Dumas contend that the intestate, Joan Martin, was the operator of the automobile, which was owned by Charles Marshall; while the administrator asserts that it was operated by Gerald Marshall. There was no claim that Miss Dumas, the third occupant of the car, was driving; and the jury's special finding that the car was operated by Miss Martin, rather than Mr. Marshall, was supported by the overwhelming weight of the evidence and,...

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