JAMES v. TSENG


37 A.D.2d 824 (1971)

Calvin James et al., Appellants, v. Charles Tseng, Respondent

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

October 21, 1971


Plaintiffs-appellants shall recover of defendant-respondent $50 costs and disbursements of this appeal. In view of the conflicting testimony in the record, questions of fact were presented to the jury involving the degree of visibility, the exact place on the highway where the accident occurred and whether the location was devoid of any shoulder in the immediate area which would prevent the plaintiffs from moving their cars off the highway. It was solely the jury's responsibility...

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