Miller ex rel. Miller v. Collins

211 A.D. 833 Court N.Y. App. Div. English

Judges All concur; Crouch and Taylor, JJ., in result, not because there was error in the refusal to charge as requested, but because the verdict is against the weight of the evidence on the question of whether the car was being used in defendant’s business at the time of the accident. Present — Hubbs, P. J., Clark, Davis, Crouch and Taylor, JJ.

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p. 833

Leona Miller, an Infant, by Delia Miller, Her Guardian ad Litem, Respondent, v. Christine Collins, Appellant.

Order affirmed, with costs.

All concur; Crouch and Taylor, JJ., in result, not because there was error in the refusal to charge as requested, but because the verdict is against the weight of the evidence on the question of whether the car was being used in defendant’s business at the time of the accident. Present — Hubbs, P. J., Clark, Davis, Crouch and Taylor, JJ.