Wallace v. Bennett

Judgment and orders affirmed, with costs. Memorandum: We find no reversible error in the court’s having permitted plaintiff to testify that she had never driven a car. There was other evidence from which the jury could have found that Edna E. Bennett was driving her husband’s car at the time of the accident. Indeed the fact was admitted by counsel for defendants in his opening to the jury. We also think the ease can be distinguished from the case of Galbraith v. Busch (267 N. Y. 230) and like authorities, in which there was no direct proof of negligence and in which it was held that…