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FEDRAU v. PORCELAIN INSULATOR CORP.

24 A.D.2d 552 (1965)

Willis E. Fedrau, Appellant, v. Porcelain Insulator Corp., Respondent

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

June 25, 1965

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

Memorandum:

The trial court erred in dismissing the complaint at the close of plaintiff's case. There were issues of fact to be decided by the jury.

All concur, except Williams, P. J., who dissents and votes to affirm in the following memorandum:

In my opinion no cause of action...

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