Goebler v. Selma Mercantile Corp.

263 A.D. 1012, 33 N.Y.S.2d 965, 1942 N.Y. App. Div. LEXIS 7883

Opinion

Action by infant plaintiff to recover damages for personal injuries sustained by her through the alleged negligence of defendants in leaving an automobile without a rear light parked upon a highway, contrary to statute, with which ear one in which the infant was a passenger collided; and by the infant’s father for loss of her services, medical and hospital expenses, and for personal property damage. The jury rendered a verdict in favor of those plaintiffs, upon which judgment was duly entered. Defendants thereupon moved for a new trial upon the ground of newly-discovered evidence, which motion was denied. Defendants appeal from that portion of the judgment which was favorable to respondents and from the order denying their motion for a new trial on the ground of newly-discovered evidence. Judgment, in so far as appealed from, and order denying motion for a new trial on the ground of newly-discovered evidence, unanimously affirmed, with costs. No opinion. Present — Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ.