Galbraith v. Busch

Action to recover damages for personal injuries sustained by plaintiff while riding in a motor car owned by one of the defendants, her daughter, and driven by the other defendant. The car swerved from the road and hit a tree. Judgment against both defendants. Judgment and order denying motion for a new trial upon the minutes affirmed, with costs. No opinion. Lazansky, P. J., Young, Carswell and Scudder, JJ., concur; Tompkins, J., dissents and votes for a reversal of the judgment and a new trial on the ground that the res ipsa loquitur doctrine does not apply. In Spreen v. McCann (264 N. Y.…