Webb

Plaintiffs appeal from a judgment for the defendants entered pursuant to a unanimous verdict of a jury in an action for the wrongful death of the plaintiffs’ daughter, Loretta Webb, age 17, resulting from a non-impact automobile accident. Their motion for a new trial, based primarily on insufficiency of the evidence, was denied. The defendants are Garrett Van Noort, the driver, and his mother, Jean Van Noort, the owner of the adverse vehicle. Garrett will he referred to hereinafter as the defendant.

The plaintiffs contend that the evidence does not support the verdict and that the trial court erred in excluding and in receiving certain evidence.

The accident occurred on March 24, 1963, at about 12:10 p.m. in clear, sunny weather on Lacey Boulevard which, at that point, is a paved east-west, two-lane highway in Kings County and is intersected at right angles by Twelfth Avenue. Vehicular traffic on Lacey is protected by arterial stop signs posted on Twelfth. The prima facie speed limit on Lacey is 55 miles per hour.

Both vehicles were traveling west on Lacey Boulevard. Traffic was light and there was not another ear on Lacey within a mile of the automobiles here involved at the…