SHERWOOD v. FLEMING


33 A.D.2d 880 (1969)

Roberta J. Sherwood, Respondent, v. Justin Fleming, Appellant. (Appeal No. 1)

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

December 11, 1969


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

Memorandum:

The testimony and photographs received in evidence clearly show that the right side of defendant's car was struck by plaintiff and, further, that the collision occurred in the curb or most westerly lane of the two southbound lanes of Scottsville Road, while plaintiff was proceeding southerly thereon and defendant was proceeding westerly in...

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