Appellate Division of the Supreme Court of New York, 1941

Daquila v. DeQuila

Daquila v. DeQuila
Appellate Division of the Supreme Court of New York · Decided January 20, 1941
261 A.D. 832; 24 N.Y.S.2d 896; 1941 N.Y. App. Div. LEXIS 7662
Daquila v. DeQuila

Opinion of the Court

Plaintiff, a passenger in an automobile owned and operated by the defendant, was injured when the vehicle was suddenly turned to its right. and collided with a telegraph pole on its side of the roadway. At the close of the case the court dismissed the complaint. Judgment reversed on the law and the facts and new trial granted, with costs to appellant to abide the event. In our opinion the evidence presented a question of fact as to defendant’s negligence. Lazansky, P. J., Hagarty, Carswell, Johnston and Taylor, JJ., concur.

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