Genevieve Johnston, Appellant, et al., Plaintiff, v. Margaret H. O'Bryant, Respondent

Genevieve Johnston, Appellant, et al., Plaintiff, v. Margaret H. O’Bryant, Respondent. [MAJORITY] Judgment reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum:. The verdict of the jury is against the weight of evidence. All concur, except Henry and Del Vecehio, JJ., who dissent and vote for affirmance in the following Memorandum: In our opinion the jury’s verdict finding Mrs. Johnston guilty of negligence is adequately supported by evidence that she had an unobstructed view of the O’Bryant automobile when it entered the intersection; that she was then over 150 feet away but she did not observe the O’Bryant car which was then in the center of the intersection until she had driven to within half a ear length from it; that she then accelerated her speed, swerved to the right, glanced off the front of the O’Bryant car and struck a parked ear standing several ear lengths beyond the intersection, thereby causing substantial damage to her automobile and injuries to herself and her passengers. (See Marton v. McCasland, 16 A D 2d 781.) (Appeal from judgment of Erie Trial Term dismissing the complaint on the merits in an automobile negligence action.) Present — Williams, P. J., Bastow, Goldman, Henry and Del Vecehio, JJ.