Dillon v. Humphreys

Plaintiffs in a negligence action move to dismiss the answer and refer the matter to a Trial Term for assessment of damages. The motion, in effect, is for summary judgment and will be treated as such. The action is for personal injuries sustained by plaintiffs as a result of an automobile collision.

The facts and circumstances surrounding the accident are not in dispute. They were stated by defendant, during her examination before trial, as follows: On the evening of October 1, 1966, defendant was driving a 1953 Buick, which she had purchased about two weeks prior to the occurrence. She was…