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 |
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 in the northbound automobile appealed to the Court of Appeals, contending that evidence supported jury's finding of fact that driver of northbound automobile was faced with an emergency, and that evidence supported jury's finding of fact that driver of northbound automobile was negligent, and that jury's verdict for the passenger in the northbound automobile against the driver of the northbound automobile was supported by the evidence.
Order affirmed, without costs.
All concur.
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