Bird v. Smith — 248 N.Y. 640

Majority

p. 640

Dorothy Bird, Respondent, v. William Smith, Appellant.

Headnote

Negligence — motor vehicles — action to recover for personal injuries resulting from collision of automobiles.

Bird v. Smith, 222 App. Div. 793 , affirmed.

(Argued June 15, 1928;

decided July 19, 1928.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department,

p. 641

entered January 16, 1928, 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 defendant. Plaintiff, while riding as a passenger in an automobile, was injured as the result of a collision between the car in which she was riding and an automobile driven by defendant.

George B. Fearon and John E. Gates for appellant.

Jerome K. Cheney for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ. Not sitting: Cardozo, Ch. J.