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HALEY v. HOCKEY

199 Misc. 512 (1950)

Ernest E. Haley, Plaintiff, v. Kenneth E. Hockey et al., Doing Business under the Name of Star Cab Company, Defendants.

Supreme Court, Trial Term, Jefferson County.

November 4, 1950.

Attorney(s) appearing for the Case

Daniel J. Scanlon for defendants.

Stanley H. Waite for plaintiff.

SEARL, J.

The motion seeks a new trial (Civ. Prac. Act, § 549). A jury has reported a verdict of $8,000 for plaintiff against the driver and owner of a taxicab.

In addition to the testimony of the plaintiff, two disinterested witnesses testified that plaintiff was struck while crossing Sherman Street upon a crosswalk where plaintiff had the right of way. A finding to the contrary would be against the weight of the evidence.

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