269 A.D. 1060 | N.Y. App. Div. | 1945
— Appeal by defendants from a judgment entered after trial before the court without a jury in an action to recover damages for negligence causing the death of the plaintiff Fortuna’s intestate, and for personal injuries sustained by plaintiff Rizzi’s intestate. Defendant Sangster’s intestate was the owner of the car and defendant Serao’s intestate was the driver at the time of the accident, which happened in Virginia. Judgment against defendant Serao, as administratrix, etc., unanimously affirmed, without costs. Judgment against defendant Sangster, as administrator, etc., reversed on the law and the facts, without costs, and the complaint dismissed on the law, without eósts. Taking into consideration the physical facts and the written statement of the driver of the car, admitted in evidence only as against him, the decision of the trial court that