C. A. TERPENING TRUCKING CO., INC. v. CITY OF FULTON


46 A.D.2d 992 (1974)

C. A. Terpening Trucking Co., Inc., Respondent, v. City of Fulton et al., Appellants. (Appeal No. 1.)

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

December 5, 1974


Judgment reversed and new trial granted, with costs to abide the event.

Memorandum:

The owners of both vehicles involved in this action sued for damages sustained in an intersection collision. The jury returned a verdict of no cause on both the claim and counterclaim, finding "both [drivers] were at fault". The trial court set aside the verdict and directed a verdict for plaintiff. The trial court could not direct a verdict unless viewing the evidence in the...

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