Keener v. Smith — 3 A.D.2d 807

Majority

p. 807

Floyd Keener, Appellant, v. J. Walter Smith, Individually and as Administrator of the Estate of Betty M. Smith, Deceased, et al., Respondents, et al., Defendant.

Judgment affirmed, with costs. AE concur. (Appeal in an automobHe negligence action from a judgment of Genesee Trial Term for plaintiff and against defendant Schneider for $17,300 and costs; against plaintiff and in favor of defendant Smith for no cause of action; and nonsuiting plaintiff as to defendant Railroad Co. on motion made at close of plaintiff’s case.) Present — McCurn, P. J., Vaughan, Kimball, Williams and Bastow, JJ.