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Fraut v. Turner

259 A.D. 967 Court N.Y. App. Div. Decision date 1940-05-08 English

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p. 967
Herman Fraut, Respondent, v. Robert O. Turner and George Hamlin, Appellants, Percy E. Roberts, Defendant.

Judgment so far as it relates to the defendant Turner reversed on the facts and a new trial granted, with costs to the appellant to abide the event, on the ground that the finding of negligence as to said defendant is against the weight of the evidence, and judgment so far as it relates to the defendant Hamlin affirmed, with costs. All concur. (The judgment is for plaintiff in an automobile negligence action.) Present — Crosby, P. J., Cunningham, Taylor, Dowling and McCurn, JJ.