Legal Opinion

Zamenick v. Easman & Co.

Appellate Division of the Supreme Court of the State of New York

Decided October 30, 1936Published

1Opinion of the Court

The automobile in which the plaintiff’s intestate was riding as a passenger on the highway came into collision in the rear with a car that had just emerged from a private driveway and had turned to go in the same direction as that of the approaching car. Obviously there was negligence on the part of the driver of one or of both cars. There was practically no evidence of contributory negligence of the decedent, on which subject the defendants had the burden of proof, yet the verdict of the jury exonerated the defendants. This verdict was inconsistent with the facts, and does not indicate…

2Cases cited2 opinions

  1. Burd v. BleischerAppellate Division of the Supreme Court of the State of New York · 1924
  2. Nocero v. DenittoAppellate Division of the Supreme Court of the State of New York · 1925

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