Johnson v. Beyer

New York Court of Appeals

Johnson v. Beyer

139 N.E.2d 149, 2 N.Y.2d 762

CourtNew York Court of Appeals

DecidedNovember 15, 1956

StatusPublished

Cited by1 cases

This text of 139 N.E.2d 149 (Johnson v. Beyer) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Johnson v. Beyer, 139 N.E.2d 149, 2 N.Y.2d 762 (N.Y. 1956).

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Opinion

In each action: Judgment of the Appellate Division and that of the Trial Term reversed and the complaint dismissed as against defendant Herpst, with costs in all courts, upon the ground that there is no testimony of sufficient probative quality and substance to justify an inference that the decedent Zazynski was, in fact, driving the Beeman car at the time of the collision. Conjecture and surmise may not be used as a substitute for such testimony (Towne v. Bunce, 307 N. Y. 868). No opinion.

Concur: Conway, Ch. J., Desmond, Dye, Fuld, Froessel, Van Voorhis and Burke, JJ.

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In each action: Judgment of the Appellate Division and that of the Trial Term reversed and the complaint dismissed as against defendant Herpst, with costs in all courts, upon the ground that there is no testimony of sufficient probative quality and substance to justify an inference that the decedent Zazynski was, in fact, driving the Beeman car at the time of the collision. Conjecture and surmise may not be used as a substitute for such testimony (Towne v. Bunce, 307 N. Y. 868). No opinion.

Concur: Conway, Ch. J., Desmond, Dye, Fuld, Froessel, Van Voorhis and Burke, JJ.

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Bluebook (online)

139 N.E.2d 149, 2 N.Y.2d 762, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-beyer-ny-1956.

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