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MILLER v. GONZALEZ

9 Misc.2d 190 (1957)

Fannie Miller et al., Appellants, v. Alberto Gonzalez, Respondent.

Supreme Court, Appellate Term, First Department.

April 11, 1957.

Attorney(s) appearing for the Case

Louis George Rudd for appellants.

Joseph M. Nakrin for respondent.

HOFSTADTER, STEUER and HECHT, JJ., concur.

Per Curiam.

On the basis of the record the jury was entitled to find that the defendant was negligent in backing his vehicle into a parking space and running his wheel over a bottle in the roadway, causing broken glass to fly in plaintiff's direction and to strike her, with resultant injuries to her. Whether or not defendant in the exercise of reasonable care should have seen the bottle or foreseen that in striking...

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