SOCONY-VACUUM OIL CO., INC. v. SEAMAN


281 A.D. 911 (1953)

Socony-Vacuum Oil Company, Inc., Appellant, v. Maynard Seaman, Respondent Maynard Seaman, Respondent, v. Socony-Vacuum Oil Company, Inc., Appellant Ann Magers, Respondent, v. Socony-Vacuum Oil Company, Inc., Appellant

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

March 30, 1953.


Judgments reversed on the law and the facts and new trial granted, with costs to abide the event.

The verdict was against the weight of the credible evidence. Further, the ruling of the trial court, permitting the witness Dr. Overton to answer the hypothetical question as to whether the collision was a competent producing cause of Miss Magers' injuries, was prejudicial error. The question was based on assumptions unsupported...

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