263 A.D. 781 | N.Y. App. Div. | 1941
Defendants William H. Thurber and Philip Lombardi appeal from judgments in favor of plaintiffs Burlingame Motors Corporation, Rufus Burlingame, an infant, Albert Shields, Ethel Shields, and Emma Adele Thurber, which judgments have been duly entered in the Albany county clerk’s office, and from orders therein entered denying defendants’ motion to dismiss the complaints and also denying defendants’ motions to set aside the verdicts and for a new trial. The actions are brought in negligence, as the result of an automobile accident which occurred about midnight of February 24, 1940, on a highway in the county of Albany known as the Menands road, which runs in a general easterly direction from the Loudonville road to Broadway in the village of Menands. At the time of the accident the plaintiffs Albert Shields, Ethel Shields and Emma Thurber were riding in an automobile owned by the defendant Philip Lombardi and driven by William Thurber in an easterly direction. It came in collision with the car owned by Burlingame Motors Corporation and driven by Rufus Burlingame in a westerly direction at a point on the Menands road between the Loudonville road and Broadway in the village of Menands. A question of fact was presented and the verdicts of the jury are amply supported by the evidence. The appellants contend that the Lombardi car skidded on an