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FEUSTEL v. HEMPHILL SCH., INC.

3 N.Y.2d 760 (1957)

Warren W. Feustel, Appellant, v. Hemphill Schools, Inc., Respondent, et al., Defendant.

Court of Appeals of the State of New York.

Decided May 16, 1957.

Attorney(s) appearing for the Case

Benjamin Heller and Joseph H. Sand for appellant.

Patrick E. Gibbons and Ralph H. Terhune for respondent.

Concur: CONWAY, Ch. J., DESMOND, DYE, FULD, VAN VOORHIS and BURKE, JJ. FROESSEL, J., dissents and votes to affirm.

Judgment of the Appellate Division reversed and a new trial granted, with costs to abide the event, upon the ground that, under all the surrounding circumstances, plaintiff made out a prima facie case raising issues of fact which were properly left to the jury for its determination...

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