Clark v. Donovan

Judgment unanimously modified by reversing on the law and facts and in the interest of justice and granting a new trial with respect to defendants Olson and Service Transport Company, with costs to abide the event, and judgment unanimously affirmed with respect to defendant Donovan, with costs. Memorandum: The evidence of the excessive speed of the Donovan vehicle was all-pervasive upon this trial. Under the circumstances it was against the weight of the credible evidence for the jury to find, as they must have, that the alleged negligence of defendants Olson and 'Service Transport Company in…