Lavino v. Ochsenhirt — 240 N.Y. 694

Majority

p. 694

Louis Lavino, Respondent, v. John Ochsenhirt, Appellant, Impleaded with Another.

(Argued June 4, 1925;

decided July 15, 1925.)

Headnote

Negligence — motor vehicles — collision with motorcycle which swerved to left side of road to avoid striking another vehicle — recovery against driver for personal injuries sustained.

Lavino v. Ochsenhirt, 211 App. Div. 848 , affirmed.

Appeal from a judgment, of the Appellate Division of the Supreme Court in the first judicial department, entered March 26, 1925, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained through the negligence of the' defendant. The complaint alleged that while riding a motorcycle northerly, on Mott avenue at about One Hundred and Forty-fourth street in the city of New York, plaintiff received the injuries complained of as the result of a collision with a motorcycle which was being driven by defendant, appellant, a police officer, southerly on the east or wrong side of the road. It appeared that defendant approached behind a wagon and inclined to the left to avoid striking it when it. turned to the east to enter One Hundred and Forty-fourth street.

George P. Nicholson, Corporation Counsel (John F. O'Brien, Willard S. Allen and Charles C. Marrin of counsel), for appellant.

p. 695

William J. Hogan and John Ambrose Goodwin for respondent.

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Cardozo, McLaughlin, Crane, Andrews and Lehman, JJ. Not voting: Pound, J.