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  5. 26 N.Y.2d 976 (1970)
 

PETERS v. GERSCH

26 N.Y.2d 976 (1970)

Claire E. Peters, Respondent, v. Alfred Gersch, Appellant, and Jack V. Nearing, Respondent. (Action No. 1.) Jack V. Nearing, Respondent, v. Alfred Gersch, Appellant. (Action No. 2.) Alfred Gersch et al., Appellants, v. Jack V. Nearing et al., Respondents. (Action No. 3.)

Court of Appeals of the State of New York.

Decided April 16, 1970.

Attorney(s) appearing for the Case

Paul C. Gouldin for defendant-appellant.

Richard H. Farley for plaintiffs-appellants.

Alfred Schleider for defendants-respondents.

John S. McBride for Claire E. Peters, plaintiff-respondent.

Marvin A. Newman for Jack V. Nearing, plaintiff-respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN and GIBSON concur in a memorandum; Judge BREITEL dissents and votes to affirm in a separate memorandum in which Judge JASEN concurs.

MEMORANDUM.

Responsibility for the results of this head-on collision, which depends on the side of the highway on which it is found to have occurred, presents a close question on which the Appellate Division was divided. An undersheriff called by respondents gave testimony on important observations which could be deemed inconsistent with his previous testimony before a motor vehicle examiner. Cross-examination by appellants...

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