Opinion
November 17, 1967
The plaintiff in an automobile negligence action appeals from a judgment entered upon a verdict of no cause of action in favor of the defendant owner-operator of the other car involved in a collision. The plaintiff testified he brought his vehicle to a stop awaiting the car in front of him to proceed on, when it was struck in the rear by defendant's vehicle. On the contrary, the defendant testified that as he was proceeding on the highway, the plaintiff suddenly stopped without any signal, stop or brake lights being displayed. Another witness testified to the absence of any stop lights or warning signal. In submitting the questions of negligence and credibility to the jury the court properly stated that the credibility of all the witnesses was for them to decide as well as the determination of the facts of the happening of the accident. The jury accordingly could disregard the plaintiff's version and find him contributorily negligent and further find that the defendant was not negligent as the court charged, without exception, that as to this phase of the case, the jury could consider whether the plaintiff gave a signal of his intention to make a sudden stop. The issue was purely factual and the jury could find negligence on the part of the plaintiff alone or on the part of both drivers. Judgment affirmed, without costs. Herlihy, J.P., Reynolds, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Gabrielli, J.