Shea v. United States Trucking Corp. — 235 N.Y. 529

Majority

p. 529

Marie L. Shea, as Administratrix of the Estate of Christopher A. Shea, Deceased, Respondent, v. United States Trucking Corporation, Defendant, and James Reardon, Appellant.

Headnote

Negligence — motor vehicles — trial — death from being struck by automobile — credibility of witnesses and weight of testimony question for jury.

Shea v. U. S. Trucking Corp., 200 App. Div. 821 , affirmed.

(Argued January 19, 1923;

decided February 2, 1923.)

Appeal from a judgment, entered April 26, 1922, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed an order of the court at a Trial Term setting aside a verdict in favor of plaintiff and directed reinstatement of said verdict and the entry of judgment thereon. The action was to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of defendant, appellant, by whose automobile said intestate was struck while he was on Broadway near Wall street in the city of New York. The trial court set aside the verdict for the plaintiff on the ground that he believed

p. 530

one of the witnesses had testified falsely on the trial. The Appellate Division held that the credibility of the witness and the weight to be given his testimony were questions for the jury.

Don Carlos Buell and John B. Fitzpatrick for appellant.

Keron F. Dwyer for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Hjscock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.