Smith v. McIntyre

In an action to recover damages for personal injury sustained by plaintiff, a passenger in an automobile owned by the defendant Clancy and operated by the defendant McIntyre, when the automobile went off the road and turned over, the defendants appeal from an order of the Supreme Court, Richmond County, dated September 5, 1963, which granted plaintiff’s motion and which set aside the verdict in favor of defendants and directed a new trial. Order reversed, without costs; plaintiff’s motion denied; and verdict for defendants reinstated. It was undisputed that the defendant McIntyre had been…