Flanagan v. Bierregaard

Full title: FRANCIS T. FLANAGAN, Respondent, v. RICHARD O. BIERREGAARD et al.…

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

Date published: Jun 22, 1953

282 App. Div. 729 (N.Y. App. Div. 1953)

Opinion

June 22, 1953.

In an action to recover damages for injuries to an automobile, resulting from a collision, judgment of the City Court of White Plains, entered in favor of plaintiff after trial by the court without a jury, affirmed, with costs. No opinion.

Nolan, P.J., MacCrate, Schmidt and Beldock, JJ., concur;

Adel, J., dissents and votes to reverse the judgment and to direct judgment for defendants, with the following memorandum:

The weight of the credible evidence establishes that the collision was not caused by negligence of the defendant driver but by the negligence of the driver of plaintiff's car.