COFFIN v. CUNNINGHAM


11 A.D.2d 1082 (1960)

Lambert A. Coffin, Appellant, v. John P. Cunningham, Respondent

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

October 20, 1960


Judgment unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event.

Memorandum:

Upon the trial a sharp issue of fact was presented as to how far into the highway defendant had backed his automobile from a driveway, as the tractor trailer in which the plaintiff was a passenger came down the highway. The testimony of the witness Mathous, who came upon the scene shortly after the accident, as to his observations...

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