Cantin v. Gardner — 247 N.Y. 567

Majority

p. 567

Adelaide M. Cantin, Respondent, v. Chester D. Gardner et al., Appellants.

Headnote

Negligence — motor vehicles — passenger in automobile injured as result of collision with another.

Cantin v. Gardner, 221 App. Div. 816 , affirmed.

(Argued January 12, 1928;

decided February 14, 1928.)

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 5, 1927, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendants. Plaintiff was a passenger in an automobile owned by defendant Bills and was injured as the result of a

p. 568

collision with another automobile owned by defendant Gardner.

P. C. Dugan for Chester D. Gardner, appellant.

John J. Scully for Clarence Bills, appellant.

William H. Murray for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Pound, Crane, Lehman, Kellogg and O’Brien, JJ.; Cardozo, Ch. J., and Andrews, J., dissent as to defendant Gardner.