Wank v. Ambrosino

In this suit for negligently causing the death of plaintiff’s intestate, the affirmance, by the Appellate Division, of a dismissal of the complaint at the close of plaintiff’s case, requires us to say whether or not plaintiff made out a sufficient case for presentation to the jury. We hold, with the courts below, that he did not.

At about 6:00 p.m. on a January evening, an automobile owned by one of the defendants and driven by the other, stopped for a traffic light, at an intersection, then turned the corner. It had traveled, at slow speed, not more than fifty feet in the intersecting street…