Freyer v. Gangi

— Judgment and order unanimously reversed on the law and facts and new trial granted, with costs to abide the event. Memorandum: In these three negligence actions tried together plaintiffs were passengers in a Plymouth automobile owned and operated by one Beilen when it collided in the nighttime with a Chevrolet automobile operated by defendant Melnick with the consent of defendant Gangi, the alleged owner. It appears that the Chevrolet stalled in the east lane of Bennett Road, a four-lane north-south highway which had a raised mall in the middle. Defendant Melniek decided to move his…