Berry v. Pulver — 230 N.Y. 582

Majority

p. 582

Maria C. Berry, Respondent, v. John M. Pulver, Appellant. John C. Berry, Respondent, v. John M. Pulver, Appellant.

Headnote

Negligence — recovery by occupants of buggy struck by automobile from behind while turning to enter driveway.

Berry v. Pulver (2 cases), 183 App. Div. 922 , affirmed.

(Argued December 8, 1920;

decided December 31, 1920.)

Appeal, in each of the above-entitled actions, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 13, 1918, affirming a judgment in favor of plaintiff entered upon a verdict. The actions were to recover for personal injuries alleged to have been sustained by plaintiffs through the negligence of defendant. Plaintiffs, husband and wife, while driving in a buggy and turning to enter the drive-

p. 583

■ way to their home were struck from behind by defendant’s automobile and received the injuries complained of.

John Colmey and Spencer F. Lincoln for appellant.

N. D. Lapham for respondents.

Judgment in each case affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Chase, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.