FRANCE v. SHANNON


36 A.D.2d 651 (1971)

Kendrick G. France, Respondent, v. John D. Shannon, as Administrator of The Estate of Thomas E. Shannon, Deceased, et al., Defendants, and Christian X. Kouray, as Surviving Administrator of The Estate of Louis Angelo, Deceased, Appellant. (And Another Action.)

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

February 10, 1971


The defendant Angelo was proceeding easterly on Route No. 7 and as demonstrated by the exhibits was in close proximity to the curb on the south side of the road. The operator of the colliding automobile (whose interest was settled) was proceeding west, veered from his side of the road across the mall onto Angelo's side of the road and collided with his automobile. The issue which the jury was required to decide as to the defendant Angelo was whether the alleged excessive...

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