Judges: Bastow, Goldman, Henry, Williams, Yecchio
Filed Date: 3/31/1966
Status: Precedential
Modified Date: 11/1/2024
Judgment unanimously reversed on the laws and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: There were factual issues which should have been submitted to the jury. Plaintiff established a prima facie ease and it was error to dismiss at the close of plaintiff’s ease. (Appeal from judgment of Oneida Trial Term dismissing the complaint in an automobile negligence action.)