Bertsch v. Smith

Judgment and order of the City Court of White Plains reversed on the law and the facts and a new trial ordered, costs to appellant to abide the event, on the ground that the determination of the trial justice was against the weight of the evidence. Granting plaintiff the most favorable inferences to be drawn from the facts, it appears that plaintiff going from fifteen to twenty miles an hour, when ten feet away from Cohawney road, observed defendant fifty or sixty feet from Brewster road. Plaintiff did not know at what speed defendant was going. This made it impossible for him to determine…