Carey v. Nelson

Appellate Division of the Supreme Court of New York

Carey v. Nelson

259 A.D. 764, 18 N.Y.S.2d 377, 1940 N.Y. App. Div. LEXIS 6575

Appellate Division of the Supreme Court of the State of New York·Decided March 13, 1940·Published

Opinion

Appeals from judgments of the Supreme Court, entered in the Broome county clerk’s office on November 10, 1939, upon the verdicts of a jury dismissing the complaints, with costs, and from orders denying a motion to set aside the verdicts and for a new trial. Appellants were riding as passengers in an automobile owned and operated by the defendant and were injured when the car ran off the road into the guard posts and tipped over. Plaintiffs contended that the defendant fell asleep while driving. This was denied by the defendant. Judgments unanimously affirmed, with costs. Present — Hill, P. J., Crapser, Bliss, Heffernan and Schenck, JJ.

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Appeals from judgments of the Supreme Court, entered in the Broome county clerk’s office on November 10, 1939, upon the verdicts of a jury dismissing the complaints, with costs, and from orders denying a motion to set aside the verdicts and for a new trial. Appellants were riding as passengers in an automobile owned and operated by the defendant and were injured when the car ran off the road into the guard posts and tipped over. Plaintiffs contended that the defendant fell asleep while driving. This was denied by the defendant. Judgments unanimously affirmed, with costs. Present — Hill, P. J., Crapser, Bliss, Heffernan and Schenck, JJ.

Carey v. Nelson, 259 A.D. 764, 18 N.Y.S.2d 377, 1940 N.Y. App. Div. LEXIS 6575 (N.Y. Ct. App. 1940).

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