Piwowarski v. Cornwell

The infant plaintiff was injured in a collision with an automobile owned by defendant Cornwell and driven by defendant Gallup. A verdict was rendered for plaintiff but the judgment was reversed on the law and the complaint was dismissed. If an issue of fact is present, the judgment at Trial Term should not have been reversed on the law.

The parties stipulated on the trial that defendant Cornwell was the owner of the car and that its operation at the time of the collision was negligent. Without objection, the trial justice stated the sole question to be whether at the time of the injury to…