CARTER v. CASTLE ELEC. CONTR.


26 A.D.2d 83 (1966)

Lawrence Carter, Appellant, v. Castle Electric Contracting Co., Inc., et al., Respondents

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

June 13, 1966.


Attorney(s) appearing for the Case

Joshua J. Nasaw and Jay M. Landa for appellant.

O'Hagan & Reilly (Henry J. O'Hagan of counsel), for respondents.

UGHETTA, Acting P. J., CHRIST, BRENNAN and HILL, JJ., concur.


HOPKINS, J.

In this suit to recover damages arising out of the collision of the defendants' automobile with the rear end of the plaintiff's automobile, the complaint was dismissed at the close of the plaintiff's case on the grounds that (1) he had failed to prove that the defendants' automobile had come in contact with his automobile and (2) there was no evidence of actionable negligence. On this appeal, the plaintiff of course is entitled

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