OLIVER v. SCHREIBER


32 A.D.2d 790 (1969)

James C. Oliver, Appellant, v. Samuel Schreiber et al., Respondents. (Action No. 1.) Thomas E. Rose et al., Appellants, v. Samuel Schreiber et al., Respondents. (Action No. 2.)

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

June 9, 1969


Judgment reversed, on the law, and new trial granted, with costs to appellants to abide the event. The findings of fact below are affirmed.

In our opinion the undisputed evidence established the negligent operation of the automobile by the defendant driver; and the jury's verdict in favor of defendants can only be supported by findings (1) that the plaintiff passengers were contributorily negligent in riding in the automobile by reason of the defendant driver's intoxication...

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