Sanders v. Robinson

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.)

Present — Williams, P. J., Bastow, Goldman, Henry and Del Yecchio, JJ.