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Schwartz v. Cuyler

258 A.D. 934 Court N.Y. App. Div. Decision date 1939-12-27 English

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p. 934
Allen Schwartz, Appellant, v. Ruth Cuyler and John Cuyler, Respondents. (Action No. 1.)

Judgments reversed on the facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: The findings, that Miss Cuyler was free from negligence in the maimer in which she drove the Ford car, and that Schwartz was negligent in the manner in which he drove the truck, are both against the weight of the evidence. All concur. (The judgments are for defendants in an automobile negligence action.) Present — Sears, P. J., Crosby, Lewis, Taylor and Dowling, JJ.