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Harriger v. Henning

286 A.D. 1152 Court N.Y. App. Div. Decision date 1955-11-18 English

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p. 1152
Clark M. Harriger, Appellant, v. Bruce A. Henning, Respondent. Effie Harriger, Appellant, v. Bruce A. Henning, Respondent.

Memorandum: In our opinion the court erred in directing a verdict in favor of the defendant. Whether the conduct of the operators, one or both, involved in a two-car collision was negligent was, under the evidence, a factual question for the determination of the jury. All concur. (Appeal from a judgment of Allegany Trial Term dismissing plaintiffs’ complaints in two automobile negligence actions, consolidated by court order.) Present — McCurn, P. J., Vaughan, Kimball, Wheeler and Van Duser, JJ.