30 A.D.2d 541 | N.Y. App. Div. | 1968
In a negligence action to recover damages for personal injuries and medical expenses, defendants appeal from a judgment of the Supreme Court, Dutchess County, entered April 5, 1967, in favor of plaintiffs upon a jury verdict. Judgment reversed, on the law and the facts, and new trial granted, with costs to abide the event. Plaintiffs are husband and wife. The wife claimed to have been injured while operating her automobile on Route 308 at Rhineeliff, New York, as a result of her windshield shattering when struck by some object propelled through the air. The husband sues for medical expenses incurred. Plaintiffs claim that defendants, Cram the owner and Graff the driver, were negligent in operating an automobile with defective tire chains, with notice of such defect, and in operating the automobile with such tire