The plaintiffs, husband and wife, were passengers in an automobile which was being driven by the defendant on April 4, 1954, at 1:30 o'clock in the morning in the vicinity of Cortland, New York. It left the highway and struck a tree. The plaintiffs were injured, the wife severely, and the auto was damaged beyond repair. The plaintiff husband was the only witness called by the plaintiffs who testified concerning the happening of the accident. He described the weather as "snowing...
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