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KREEGER v. KAREN

3 A.D.2d 859 (1957)

Doris H. Kreeger et al., Respondents, v. Susannah R. Karen et al., Appellants

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

April 22, 1957

Judgment reversed and new trial granted, with costs to abide the event.

In our opinion the finding, implicit in the verdict, that the driver of respondents' car was not guilty of contributory negligence is contrary to the weight of the evidence. (Cf. Bertsch v. Smith, 237 App. Div. 836; Same v. Davison, 253 App. Div. 123; Hotine v. Monett, 137 N.Y.S.2d 727.) We do not pass on the question of whether or...

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