Charlap v. Lepow

Opinion by

Porter, J.,

This is an action of trespass for the recovery of damage to property alleged to have resulted from the collision of two automobdes. The plaintiff recovered a judgment in the court below and the defendant appeals. No affidavit of defense w,as filed, and at the trial plaintiff offered in evidence paragraph 2 of the statement of claim, reading ¡as follows: “2. That at the same time and place, the defendant was driving an automobile in an easterly direction on the said Le-high Avenue at and about its intersection with the said Chalmers Avenue.” Counsel for the defendant…