New York Court of Appeals

Maud D. Lahr, Respondent v. Mabel C. Tirrill, Appellant; John B. Lahr, Respondent, v. Mabel C. Tirrill, Appellant

April 27, 1937274 N.Y. 112

Summary

The Court reversed the Appellate Division and trial court judgments and dismissed the complaint, holding that the evidence presented was insufficient to establish negligence on the part of the defendant driver. The Court found that the plaintiff failed to produce any proof that the car’s speed, brake use, or condition constituted a breach of duty.