Ambrose v. Cyphers

The opinion of the court was delivered by

Weinteaub, C. J.

Mr. and Mrs. Ambrose recovered judgments for personal injuries (including loss per quod suffered by the husband) against both defendants. Plaintiffs were passengers in Cyphers’ car when Cyphers, facing west, left a parked position at the curb to execute a U-turn and was struck by Donnelly who was proceeding westerly. Donnelly did not defend. His negligence was clear. The actual contest was between plaintiffs and Cyphers. On Cyphers’ appeal, the Appellate Division reversed, finding error (1) in a supplemental charge with respect to the…