PORTER v. HOLFORD


282 A.D. 915 (1953)

Elmer G. Porter, Appellant, v. Robert Holford, Defendant, and Ira B. McCorkle, Doing Business as McCorkle Realty Company, Respondent

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

October 28, 1953.


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

Memorandum:

Plaintiff proved a prima facie case and was entitled to recover one half the reasonable value of the cost of necessary repairs to the roadway. There is some proof here from which the jury could find that the defendant's property was damaged by reason of the repairs or construction of the roadway. We are unable to tell from this record...

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