France v. Shannon

*652Herlihy, P. J., Reynolds and Greenblott, JJ., concur; Cooke, J., dissents and votes to affirm in the following memorandum: The jury’s determination in favor of plaintiff passengers should not be disturbed. First of all, there was a considerable body of proof establishing negligence on the part of Angelo, with whom plaintiffs were riding. The uncontradicted evidence was that he was traveling about 70 miles an hour at a place where a 40 mile speed limit was in existence (cf. Conte v. Large Scale Development Corp., 10 N Y 2d 20, 29; Healy v. Rennert, 9 N Y 2d 202, 211; see Vehicle and Traffic…