CURIE v. BOLES


279 A.D. 1128 (1952)

William Curie, Respondent, v. Robert Boles, Appellant

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

May 14, 1952.


The action arose out of an accident which happened at a street intersection in the city of Schenectady. Plaintiff claims that the defendant, who was operating a motorcycle, negligently collided with him while he was crossing the intersection on foot. The case was tried without a jury before the Schenectady City Court. The evidence is conflicting and raised only issues of fact. After both sides had rested and the case was closed, the City Court Judge reopened

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