New York Court of Appeals

Katherine T. Wragge, as Administratrix of the Estate of Frederick J. Herholdt, Deceased, Appellant v. Lizza Asphalt…

May 5, 196617 N.Y.2d 313

Summary

The New York Court of Appeals reversed the Appellate Division's reversal of the jury verdicts against Fehr, holding that sufficient evidence existed to infer negligence and causation, and affirmed the verdict for the automobile owner Wragge. The court emphasized that the jury, not the trial court, must resolve conflicting circumstantial evidence.