Johnson v. Beyer
New York Court of Appeals
Johnson v. Beyer, 2 N.Y.2d 762 (N.Y. 1956)
139 N.E.2d 149
Burke, Conway, Desmond, Dye, Froessel, Fuld, Voorhis
Johnson v. Beyer
Opinion of the Court
In each action: Judgment of the Appellate Division and that of the Trial Term reversed and the complaint dismissed as against defendant Herpst, with costs in all courts, upon the ground that there is no testimony of sufficient probative quality and substance to justify an inference that the decedent Zazynski was, in fact, driving the Beeman car at the time of the collision. Conjecture and surmise may not be used as a substitute for such testimony (Towne v. Bunce, 307 N. Y. 868). No opinion.
Reference
- Full Case Name
- Luke E. W. Johnson v. Edith Beyer, as Administratrix of the Estate of William E. Beeman, and Mable Herpst, as Administratrix of the Estate of John F. Zazynski, Appellant Luke E. W. Johnson, as of Bertha M. Johnson v. Edith Beyer, as Administratrix of the Estate of William E. Beeman, and Mabel Herpst, as Administratrix of the Estate of John F. Zazynski
- Cited By
- 1 case
- Status
- Published