[DOWNLOAD] "Dorothy Marrone v. Robert A. Williamson" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Dorothy Marrone v. Robert A. Williamson
- Author : Supreme Court of New York
- Release Date : January 27, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
The court has considered the questions of fact and has determined that it would not grant a new trial upon those questions. Appeal from the order dated July 30, 1971 dismissed, without costs, as academic in view of the determination herein on the appeal from the judgment. In January, 1964, an automobile driven by defendants' decedent struck the rear of plaintiff's vehicle. In February, 1964, defendants' physician examined plaintiff. At trial in June, 1971, in which plaintiff claimed that the collision had caused a chronic cervical whiplash syndrome, defendants' physician did not testify. A sharp issue was made of plaintiff's credibility. In our opinion, it was error, in the circumstances at bar, to refuse to charge the jury that they could infer that defendants' physician's testimony would not support defendants' version of the case and that they could draw the strongest inferences against defendants that the opposing evidence allowed (see PJI 1:75). Disposition Judgment reversed, on the law, and new trial granted, with costs to abide the event.
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