Simon v. Rifenburg ( 1946 )

Action to recover damages for the death of plaintiff’s intestate as the result of a collision between an automobile operated by decedent and a truck owned by defendant Rifenburg and operated by defendant Bjelis. Order setting aside the verdict of a jury in favor of plaintiff as contrary to the evidence, and directing a new trial of the action, unanimously affirmed, with costs. No opinion. Present — Hagarty, Acting P. J., Carswell, Johnston and Aldrich, JJ.; Adel, J., not voting.