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HUGHES v. PARKHURST

284 A.D. 757 (1954)

Mary C. Hughes, Appellant, v. Cecil L. Parkhurst, Appellant, and City of Rome, Respondent Priscilla Skinner, Appellant, v. Cecil L. Parkhurst, Appellant, and City of Rome, Respondent Mary V. Skinner, an Infant, by Priscilla Skinner, Her Guardian ad Litem, Appellant, v. Cecil L. Parkhurst, Appellant, and City of Rome, Respondent

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

November 10, 1954.

Attorney(s) appearing for the Case

Edward A. Wolff for Mary C. Hughes and others, appellants.

William J. Powers, Jr., for Cecil L. Parkhurst, appellant.

J. Stuart Fero and James M. O'Hara for respondent.

All concur. Present — VAUGHAN, J. P., KIMBALL, PIPER, WHEELER and VAN DUSER, JJ.

Per Curiam.

A review of the record satisfies us that the action of the trial court in setting aside the verdicts in favor of the plaintiffs and ordering a new trial as to the City of Rome should be sustained. Even assuming that there was sufficient evidence on which the jury could base a finding that the city was negligent, we think that the finding of the jury, implicit in its verdict, that such negligence was a proximate cause of the accident is against the...

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