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ORANGE & BLACK BUS v. VIRGINIA STAGE

10 Misc.2d 941 (1957)

Orange & Black Bus Lines, Inc., et al., Appellants, v. Virginia Stage Lines, Inc., et al., Respondents. John Bachetti, Appellant, v. Safeway Trails, Inc., Respondent.

Supreme Court, Appellate Term, First Department.

November 27, 1957.

Attorney(s) appearing for the Case

Hugh J. Boylan and William L. Shumate for Orange & Black Bus Lines, Inc., and another, appellants.

Arthur S. Gales and Thomas J. Brady for respondents.

HOFSTADTER, STEUER and HECHT, JJ., concur.

Per Curiam.

There is no inconsistency in a verdict by a jury in favor of defendants against three plaintiffs and against defendants on a counterclaim. The jury could determine that while defendants may not have been free from negligence, plaintiffs' own negligence contributed to the occurrence and therefore they should not recover. With respect to the counterclaim the jury could determine that Safeway in some manner contributed to the accident although not...

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