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HEMINGWAY BROS. TRUCKING v. McLEOD

22 A.D.2d 299 (1964)

Hemingway Bros. Interstate Trucking Co. et al., Appellants, v. Derham McLeod, Respondent

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

December 17, 1964.

Attorney(s) appearing for the Case

Robert G. Burkhart of counsel (Vincent F. O'Rourke, attorney), for appellants.

William L. Shumate of counsel (Cusack, Shumate & Geoghan, attorneys), for respondent.

BREITEL, J. P., and McNALLY, J., concur with WITMER, J.; BREITEL, J. P., also concurs in separate opinion; STEUER, J., dissents in opinion, in which VALENTE, J., concurs.

WITMER, J.

On this appeal from a judgment of July 31, 1963 nonsuiting the plaintiffs and dismissing their complaint at the end of their case the court is again confronted with the question of the sufficiency of plaintiffs' evidence to make a prima facie case as to the defendant's negligence when his skidding automobile damaged another vehicle and the plaintiff driver thereof. We hold that plaintiffs proved a...

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