Davis v. Farnham

Judgment and order affirmed, without costs of this appeal to either party. All concur, except I Cunningham, P. J., and Harris, J., who dissent and vote for reversal and for granting a new trial in the following memorandum: It was error for the j Trial Judge to instruct the jury that it could not consider the speed of the defendant’s intestate in determining his negligence, unless the intestate knew I that the wheel that came off was defective. The intestate’s car at the time of the accident was nine years old and the jury might have found that it was reckless for the intestate to drive a…