DWARTE v. FIRST WESTCHESTER NAT'L BANK


5 A.D.2d 1011 (1958)

Frances Dwarte, Respondent, v. First Westchester National Bank et al., Appellants

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

April 28, 1958


Judgment reversed, without costs, and new trial granted.

While the evidence created a question of fact as to the first theory, it was insufficient to justify the submission to the jury on the second theory. There was no proof that appellants knew, or ought to have been warned, of the presence or probable presence of mischievous boys, or of any persons likely to start appellants' vehicle without authority. There was nothing manifest to appellants which pointed to what...

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