MEAD v. SHERWOOD


25 A.D.2d 744 (1966)

Isolina Mead et al., Appellants, v. Rodolfo E. Sherwood et al., Respondents

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

April 28, 1966


Amended judgment in favor of defendants unanimously reversed, on the law, and a new trial ordered, with $50 costs to abide the event.

We agree with the trial court that when plaintiffs in this personal injury action rested they had proved a prima facie case and it was proper to deny defendants' motion to dismiss. Accordingly, when defendants also rested after such denial, the issues should have been submitted to the jury and not determined by the court, notwithstanding...

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