¶1In each action: Judgment of the Appellate Division and that of the Trial Term reversed and the complaint dismissed as against defendant Herpst, with costs in all courts, upon the ground that there is no testimony of sufficient probative quality and substance to justify an inference that the decedent Zazynski was, in fact, driving the Beeman car at the time of the collision. Conjecture and surmise may not be used as a substitute for such testimony (Towne v. Bunce, 307 N. Y. 868). No opinion.
2 N.Y.2d 762
Johnson v. Beyer
Decided November 15, 1956
New York Court of Appeals · decided 1956-11-15
Cited by 1 later decisions — most recently August 1967
Relies on Towne v. Bunce
Good law ✅— No negative treatment on recordhow we know
Decided 1956-11-15
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