MORINI v. MURPHY


285 A.D. 1154 (1955)

Zinia Morini et al., Respondents, v. Thomas M. Murphy et al., Defendants, and Katherine Surdi, as Executrix of John Surdi, Deceased, et al., Appellants

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

May 2, 1955.


Judgment insofar as it is in favor of respondents and against appellants reversed on the law and the facts, the action severed insofar as it is against defendants Murphy, and a new trial granted as to appellants, with costs to abide the event.

The jury's verdict, insofar as it imports a finding that the deceased operator of the automobile of appellant Surdi Homes, Inc., was negligent and that his negligence was a proximate concurring cause of the accident, is against...

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