SPICER v. STATE


286 A.D. 985 (1955)

Clyde T. Spicer, Appellant, v. State of New York, Respondent

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

September 21, 1955.


Motion for reargument denied; motion in the alternative for an order amending the decision and order of May 20, 1955, granted to the extent of striking from the dissent of McCurn, P. J., the words "on the ground that the evidence presented questions of fact as to negligence and contributory negligence" and inserting in lieu thereof the following: "on the ground that the findings as to negligence and contributory negligence are against the weight of...

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