Opinion
June 27, 1950.
Appeal from Supreme Court, Sullivan County.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.
The two decedents were killed while riding as passengers in a motor vehicle owned by the defendant and operated by one Woods. There was a conflict of evidence as to whether or not Woods was operating the vehicle with the consent of the defendant. There was also evidence from which the jury could have found that the accident resulted from drinking on the part of the driver, of which the passengers had knowledge. Only questions of fact were involved, and they were properly submitted to the jury. Judgments unanimously affirmed, without costs.