DeRosa v. Harneit

Appeal by defendant from an order of the County Court, Westchester county, affirming, on appeal, judgments recovered in actions for negligence in the City Court of White Plains after trial before the court without a jury. Order reversed on the law and the facts, judgments of the City Court vacated and new trial ordered, with costs in this court and in the County Court. The verdicts finding the plaintiff DeRosa free from contributory negligence are clearly against the weight of the evidence. The preponderance of the evidence established that the defendant had the right of way. Plaintiff DeRosa…