Varisco v. Malovin

In this action of tort arising out of a collision of two automobiles there was a finding for the plaintiff on counts for personal injuries and property damage. On a report to the Appellate Division the finding was vacated and judgment was ordered for the defendant. The plaintiff appealed.

The questions presented arise out of the denial of five requests for rulings submitted by the defendant. In substance these asked the judge to rule that the evidence would not warrant findings (1) that the defendant was the person involved in the accident and (2) that if he was, there was negligence on his…