Funk v. Kaiser-Frazer Sales Corp.

In an action by a husband and a wife to recover damages by reason of personal injury sustained by the wife when her head struck the windshield of their automobile, the plaintiffs appeal from a judgment of the Supreme Count, Nassau County, entered March 9, 1962 after a jury trial, upon the court’s oral decision at the close of the plaintiffs’ ease, which dismissed their complaint. Judgment reversed on the law, with costs to plaintiffs, and new trial granted. No questions of fact were considered. In their amended complaint the plaintiffs alleged a cause of action based upon defendant’s breach…