GREEN v. SPINARD


284 A.D. 905 (1954)

Samuel D. Green, Respondent, v. Bernard Spinard, Appellant, et al., Defendants

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

October 25, 1954.


Judgment affirmed, with costs.

No opinion.

Adel, Acting P. J., and Beldock, J., dissent and vote to reverse the judgment and to dismiss the complaint, with the following memorandum:

On the proof in this record it is clear that the presence of the cows on the highway was not unlawful and was not a concurring cause of the accident. Under all the circumstances the conclusion is inescapable, as a matter of law, that plaintiff did not have his car...

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