Appellate Division of the Supreme Court of the State of New York June 13, 1966 (Carter v. Castle Electric Contracting Co.)

Hopkins, J.

In this suit to recover damages arising out of the collision of the defendants’ automobile with the rear end of the plaintiff’s automobile, the complaint was dismissed at the close of the plaintiff’s ease on the grounds that (1) he had failed to prove that the defendants’ automobile had come in contact with his automobile and (2) there was no evidence of actionable negligence.