Palmer v. Palmer

• Decision Date: 09 December 1970
• Citation: 27 N.Y.2d 945,318 N.Y.S.2d 317,267 N.E.2d 103
• Parties: , 267 N.E.2d 103 Anna PALMER, Appellant, v. Robert A. PALMER, Respondent, and Michael D. Corbett, Defendant.
• Court: New York Court of Appeals Court of Appeals

Page 317

318 N.Y.S.2d 317

27 N.Y.2d 945, 267 N.E.2d 103

Anna PALMER, Appellant, v. Robert A. PALMER, Respondent, and Michael D. Corbett, Defendant.

Court of Appeals of New York.

Dec. 9, 1970.

Appeal from Supreme Court, Appellate Division, Third Department, 31 A.D.2d 876, 297 N.Y.S.2d 428.

James C. Straney, Latham, for plaintiff-appellant.

Ainsworth, Sullivan, Tracy & Knauf, Albany (James E. McHenry, Albany, of counsel), for defendant-respondent.

Passenger in northbound automobile brought action against driver of northbound automobile and driver of southbound automobile for injuries sustained in headon collision. The collision occurred when child darted out into highway and, to avoid striking child, driver of southbound automobile swerved his automobile into northbound lane.

The Supreme Court, Trial Term, Albany County, rendered a judgment for the passenger in the northbound automobile, and the driver of the northbound automobile appealed.

The Appellate Division, Staley, J., reversed the judgment insofar as it was against northbound motorist and held that evidence was insufficient to establish that he was negligent.

The passenger...