Majority
p. 591Bradley J. Hurd, Respondent, v. John B. Meola, Appellant. (Argued April 2, 1926; decided May 4, 1926.)
Headnote
Negligence — motor vehicles — collision between two automobiles — action to recover for damage to car.Hurd v. Meóla, 215 App. Div. 861 , affirmed.
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 13, 1926, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover
p. 592
for injury to plaintiff’s automobile through a collision with the automobile of defendant. The complaint alleged that on or about the 18th day of April, 1924, at about four-thirty o’clock in the afternoon, the plaintiff was driving his car in an easterly direction on the Buffalo and Batavia road known as Main street and after he had passed' the intersection of said Main street with the Crittenden road in or near Newstead in Erie county, and while the defendant was driving his car in a westerly direction on said street that the defendant suddenly turned to the left across the center of the street onto the southerly side thereof and hit the plaintiff’s car in the front and left side, and that defendant made the turn to the left without signaling and without warning. The defense was practically a general denial.
Herbert C. Stratton and James S. Flanagan for appellant*
Harold J. Adams for respondent.
Judgment affirmed, with costs; no opinion.
Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane and Lehman, JJ. Absent: Andrews, J.