Seneca v. Mohawk

Judgment reversed, on the law and facts, and a new trial granted, with costs to abide the event. Memorandum: Plaintiff seeks to recover for injuries allegedly sustained by her intestate as a result of an automobile accident. The accident occurred when decedent was a passenger in a stopped automobile which was struck by an automobile owned and operated by defendant Mohawk. The proof of defendant’s negligence and plaintiff’s freedom from contributory negligence is all but conclusive. Defendant contends, however, that decedent’s injury did not occur in the accident, but instead occurred during a…