From Casetext: Smarter Legal Research

Lozier v. Preston

Appellate Division of the Supreme Court of New York, Third Department
May 25, 1939
257 App. Div. 900 (N.Y. App. Div. 1939)

Opinion

May 25, 1939.


The highway at the place of the accident was a three-strip concrete road running generally north and south. Plaintiffs were passengers in a north-bound automobile which was passing another going in the same direction. The Prestons' (defendants') car was traveling southerly; it turned into the center strip to pass a car ahead, and came in collision with the car in which plaintiffs were riding, the latter having first occupied the center strip. Plaintiff Nealon brought his action against the Prestons only. Stella Melvin brought her action and recovered against Prestons and the owner and driver of the car in which she was driven. This indicates that the jury found the drivers of both cars were negligent. The determination is sustained by the evidence. Judgments and orders unanimously affirmed, with one bill of costs.


Summaries of

Lozier v. Preston

Appellate Division of the Supreme Court of New York, Third Department
May 25, 1939
257 App. Div. 900 (N.Y. App. Div. 1939)
Case details for

Lozier v. Preston

Case Details

Full title:FRANK LOZIER, Plaintiff, v. RICHARD W. PRESTON and MARY D. PRESTON…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: May 25, 1939

Citations

257 App. Div. 900 (N.Y. App. Div. 1939)