Higgins v. Mason

This is an automobile accident case. On a former appeal we reversed the judgment which plaintiff had *150recovered because the verdict was against the weight of evidence (226 App. Div. 426). At the second trial plaintiff again had a verdict. Plaintiff now has offered additional evidence, tending, it is claimed, to more clearly disclose the cause of the accident and defendant’s liability. Although the facts are briefly and clearly stated in our former opinion, in the light of new evidence a further statement is called for.

The defendant and his wife were taking a day outing in defendant’s…