Frushone v. Juliano

Judgment unanimously reversed on the law and facts and new trial granted, with costs to appellants to abide the event. Memorandum: This action to recover damages for the alleged negligence of defendant was brought by a husband, his wife, and their infant son. An automobile owned by the husband but operated by the wife in his absence with the five-year-old son as the sole passenger was struck by defendant’s car. The verdict of the jury in favor of defendant was against the weight of the credible evidence. The Frushone vehicle was proceeding in a southerly direction on a public street.…