Opinion
November 13, 1967
Appeal by the plaintiff from a judgment entered in favor of the respondents upon a jury verdict of no cause of action. The plaintiff was a passenger in her husband's automobile and contends that the operator of the respondent's automobile was negligent in whole or in part in causing the collision at the intersection. There was a sharp dispute as to the circumstances surrounding the happening of the accident, including the location thereof, and the jury apparently elected to accept the testimony of the defendant [operator]. Credibility of the witnesses and other matters were strictly within the province of the said jury. Judgment affirmed, without costs. Gibson, P.J., Herlihy, Reynolds and Staley, Jr., JJ., concur in memorandum by Herlihy, J.