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Stillwaggon v. Stuyvesant Heights Motor Service, Inc.

199 A.D. 940 Court N.Y. App. Div. English

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p. 940
Ottillie Stillwaggon, as Administratrix, etc., of Samuel P. Stillwaggon, Deceased, Appellant, v. Stuyvesant Heights Motor Service, Inc., and Joseph Fogler, Respondents.

Judgment reversed and a new trial granted, with costs to appellant to abide the event. We think in view of the testimony as to the speed of the defendants’ motor car, and the other circumstances, that sufficient prima facie evidence of defendants’ negligence was presented to require submission to the jury. Blackmar, P. J., Mills, Rich, Putnam and Kelly, JJ., concur.