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Flanagan v. Bierregaard

282 A.D. 729 Court N.Y. App. Div. Decision date 1953-06-22 English

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p. 729
Francis T. Flanagan, Respondent, v. Richard O. Bierregaard et al., Appellants.

In an action to recover damages for injuries to an automobile, resulting from a collision, judgment of the City Court of White Plains, entered in favor of plaintiff after trial by the court without a jury, affirmed, with costs. No opinion. Nolan, P. J., MaeCrate, Schmidt and Beldock, JJ., concur; Adel, J., dissents and votes to reverse the judgment and to direct judgment for defendants, with the following memorandum: The weight of the credible evidence establishes that the collision was not caused by negligence of the defendant driver but by the negligence of the driver of plaintiff’s ear.