SACKS v. CHARLES NOEDING TRUCKING CO.


276 A.D. 1033 (1950)

Edward Sacks, Appellant, v. Charles Noeding Trucking Co., Respondent

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

March 27, 1950.


In view of the dismissal of the complaint, the proven facts must be viewed in the light most favorable to the plaintiff, and we must give to the plaintiff the benefit of every inference which may reasonably be drawn from those facts in determining whether a cause of action has been proved. (Betzag v. Gulf Oil Corp., 298 N.Y. 358, 362, and cases cited.) So viewed, this record presents an issue of fact whether plaintiff's injuries were occasioned by actionable negligence...

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