General

William E. Martin, Appellant, v. New York and Queens Electric Light and Power Company, Respondent

182 A.D. 932·New York Supreme Court, Appellate Division·1918·NY

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Opinion

William E. Martin, Appellant, v. New York and Queens Electric Light and Power Company, Respondent. Judgment and order of the County Court of Queens county reversed, with costs, and verdict unanimously reinstated, upon the ground that there were in the case suspicious circumstances sufficient to make the credibility of defendant’s chauffeur a question for the jury; that such circumstances were (a) that defendant did not call the chauffeur’s superior, Cox, or account in any way for his absence; and (b) that the chauffeur’s statement that he was excused by Cox from noon until five p. m. seems inconsistent with the admitted fact that he was, at once after his lunch, returning to Cox at the defendant’s garage. [MAJORITY] (See Ferris v. Sterling, 214 N. Y. 249.) Present — Jenks, P. J., Mills, Rich, Blaekmar and Kelly, JJ.