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Feustel v. Hemphill Schools, Inc.

3 N.Y.2d 760 Court N.Y. Decision date 1957-05-16 English

Contents

Majority

p. 760
Warren W. Feustel, Appellant, v. Hemphill Schools, Inc., Respondent, et al., Defendant.
Argued April 3, 1957;
decided May 16, 1957.
p. 761
Benjamin Heller and Joseph H. Sand for appellant.
Patrick E. Gibbons and Ralph H. Terhune for respondent.

Judgment of the Appellate Division reversed and a new trial granted, with costs to abide the event, upon the ground that, under all the surrounding circumstances, plaintiff made out a prima facie case raising issues of fact which were properly left to the jury for its determination. No opinion.

Concur: Conway, Ch. J., Desmond, Dye, Fuld, Van Voorhis and Burke, JJ. Froessel, J.,' dissents and votes to affirm.