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DUNN v. CITY BANK FARMERS TRUST CO.

277 A.D. 767 (1950)

Patrick Dunn, Appellant, v. City Bank Farmers Trust Company, as Successor Trustee under The Will of William McLaughlin, Deceased, Respondent City Bank Farmers Trust Company, as Successor Trustee under The Will of William McLaughlin, Deceased, Third-Party Plaintiff, v. John Gagliardi, Third-Party Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 23, 1950.

We find that the trial court erred in dismissing the complaint. Under the theory upon which the case was submitted to the jury the verdict might properly have been set aside as against the weight of the evidence. Upon the proof we find that a jury question was presented as to whether under the circumstances of this case, including the unusually heavy snowstorm, defendant's servant was negligent in creating any additional danger in...

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