FLAGG v. PROVAN


277 A.D. 207 (1950)

Dora Flagg, Respondent, v. Fred J. Provan, Doing Business as Provan Petrolium Transportation Company, et al., Appellants

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

June 27, 1950.


Attorney(s) appearing for the Case

John J. Scully for appellants.

James J. Carroll for respondent.

FOSTER, P. J., HEFFERNAN, BREWSTER and DEYO, JJ., concur.


BERGAN, J.

There are cases where, to be consistent, a jury must take fully one or the other of the adverse claims of litigants and return a verdict accordingly. Implicit in the arguments on this appeal is the question of verdict consistency in a negligence action.

At a very sharp curve on the highway in Sullivan County between Ellenville and Wurtsboro, a collision occurred on a slippery winter day between...

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