Ponce v. Black

Plaintiffs, husband and wife, brought this action to recover for personal injuries sustained by plaintiff wife and for property damage caused to their automobile when they were struck from the rear by defendant’s automobile. Appeal is taken from a judgment in favor of defendant following a nonjury trial, and from an order denying plaintiffs’ motion for a new trial. The appeal from the non appealable order must be dismissed.

Defendant testified that at about 1 a.m. on the morning of October 14, 1961, she was driving her 1953 Oldsmobile in an easterly direction on U. S. Highway 101, in the City…