284 A.D. 1004 | N.Y. App. Div. | 1954
Appeal from a judgment in favor of the plaintiff entered upon a verdict of a jury at a Trial Term, Supreme Court, Chemung County, and appeal from an order denying the defendants’ motion to set aside the verdict and denying the defendants’ motion for a new trial on the ground of newly discovered evidence. The plaintiff was injured when an auto owned by her and driven by her husband and an auto operated by one of the defendants and owned by the other defendant collided at an intersection in the city of Elmira. The defendant driver was to the right of the plaintiff’s auto as the two vehicles approached the intersection which was not regulated by stop signs or traffic control signals. There was testimony on behalf of the plaintiff that after her auto entered the intersection the defendant’s vehicle was fifty to one hundred feet away and that the front end of her auto had nearly left the intersection when it was struck in the right rear side by the front of the defendant’s vehicle. The version testified to by the defendant driver was that she had stopped before reaching the intersection and just as she started to enter the intersection the rear fender of the plaintiff’s auto came into contact with the front of the vehicle she was operating. The trial judge clearly charged the right of way rule, the rule of mutual forebearance and the other applicable negligence doctrines. There is . credible evidence to support the findings implicit in the verdict of the jury that the