Sellari v. Palermo

This action is for damage sustained by plaintiff in an automobile collision with defendant on April 17,1945. The damages to plaintiff’s car were stipulated to be $164.63 and were so assessed by the jury. While the issue of negligence was sharply contested it cannot be said to be so clearly against the weight of evidence as to require reversal, especially under the rule pertaining to judgments of courts not of record which are to be sustained if possible by every reasonable and warrantable intendment. (Justice Ct. Act, § 451; L. 1920, ch. 937; Guando v. Alpen, 190 App. Div. 567, and cases…