Opinion
279 A.D. 684 107 N.Y.S.2d 986 EARL A. J. TURGEON, as Administrator of the Estate of JOSEPH A. TURGEON, Deceased, Respondent, v. WILLIAM MAZZIOTT, Doing Business as BILL'S GARAGE, Appellant. HOWARD B. PHELON, as Administrator of the Estate of RUTH F. MOFFIT, Deceased, Respondent, v. WILLIAM MAZZIOTT, Doing Business as BILL'S GARAGE, Appellant. CLAYTON W. AMMON, as Administrator of the Estate of ALBERT CROSS, JR., Deceased, Respondent, v. WILLIAM MAZZIOTT, Doing Business as BILL'S GARAGE, Appellant.
Supreme Court of New York, Third Department. November 14, 1951
Appeals from judgments of the Supreme Court in favor of the plaintiffs, respectively, rendered against defendant-appellant upon the verdicts of a jury at a Trial Term in Rensselaer County, after a joint trial, and from orders denying his motions to set the respective verdicts aside and for a new trial. Plaintiffs' intestates were killed when the automobile in which they were passengers was so operated by its driver that it left the slippery roadway and crashed into a tree. Only one other passenger survived the accident and she was the sole eyewitness to its actual occurrence There was ample evidence of defendant's responsible ownership of the automobile. The totality of the relevant evidence presented a fair question of fact as regards the driver's negligent operation of the vehicle having been the cause of the accident, and the jury's finding thereon which is implicit in the verdicts we do not consider to have been against the weight of evidence. Judgments and orders unanimously affirmed, with one bill of costs.
Present--Foster, P. J., Heffernan, Brewster, Bergan and Coon, JJ.