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Maher v. Colilli

Appellate Division of the Supreme Court of New York, Third Department
Jul 7, 1948
274 App. Div. 832 (N.Y. App. Div. 1948)

Opinion

July 7, 1948.

Appeal from Supreme Court, Albany County.


Plaintiff's car collided with the defendant's car on the Albany-Schenectady road at about 2:30 in the morning, May 5, 1946. Plaintiff testified that defendant's car was backing out of premises of the Hawaii Club without lights, and that he did not see it until he was within three or four feet of it. The verdict was against the weight of evidence, and the trial court committed error in charging the jury that defendant's failure to file forthwith a report of the accident with the Commissioner of Motor Vehicles might be considered as affecting defendant's credibility. ( Constantinides v. Manhattan Transit Co., 264 App. Div. 147.) Judgment reversed on the law and the facts and a new trial directed, with costs to abide the event. Hill, P.J., Foster and Russell, JJ., concur; Heffernan and Brewster, JJ., dissent.


Summaries of

Maher v. Colilli

Appellate Division of the Supreme Court of New York, Third Department
Jul 7, 1948
274 App. Div. 832 (N.Y. App. Div. 1948)
Case details for

Maher v. Colilli

Case Details

Full title:THOMAS J. MAHER, Respondent, v. FILIPPO COLILLI, Appellant

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jul 7, 1948

Citations

274 App. Div. 832 (N.Y. App. Div. 1948)

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