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McMURREN v. CARTER

46 A.D.2d 682 (1974)

Fannie McMurren, as Administratrix of The Estate of Ernest McMurren, Deceased, et al., Respondents, v. Howard Carter et al., Appellants

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

October 21, 1974

Order affirmed, with costs to abide the event of the new trial.

On this record it is our view that the verdict in favor of defendants could not have been reached upon any fair interpretation of the evidence (Olsen v. Chase Manhattan Bank, 10 A.D.2d 539). We note, however, that there was no error in charging the jury concerning the doctrine of emergency.

Benjamin, J., dissents and votes to reverse the...

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