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DARLING v. VILL. OF HERKIMER

4 N.Y.2d 1000 (1958)

Lauanna Darling et al., Respondents, v. Village of Herkimer, Appellant, et al., Defendant.

Court of Appeals of the State of New York.

Decided June 25, 1958.

Attorney(s) appearing for the Case

Philip D. O'Donnell for appellant.

Paul N. Carter for respondents.

Concur: Judges DESMOND, FULD, FROESSEL, VAN VOORHIS and BURKE. Dissent: Chief Judge CONWAY and Judge DYE.

Judgment reversed and a new trial granted, with costs to abide the event, upon the ground that there is no proof that the village was guilty of negligence in maintaining this pole in the particular place and manner. No opinion.

Chief Judge CONWAY and Judge DYE dissent and vote to affirm upon the ground that the evidence was sufficient to present a question of fact from which a jury could reasonably conclude that the Village of Herkimer was negligent in maintaining...

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