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JACKSON v. LUDLOW MARINE CORP.

47 A.D.2d 737 (1975)

Howard Jackson, Appellant v. Ludlow Marine Corp., Respondent

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

March 18, 1975

In dismissing the complaint for failure to make out a prima facie case, the court stated that the testimony of plaintiff's witness, Miss Nazakubo, could not be afforded "any legal weight". In our view this was error since truthfulness and reliability of the witness was for the jury to decide. On the record, the evidence was sufficient for a jury to find defendant negligent in allowing the gasoline to overflow, thus creating a dangerous...

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