Judgment reversed insofar as it is in favor of defendant Elmer J. Fogerty, Inc., on the law and the facts, without costs, and, as between plaintiffs and said defendant, action severed and new trial granted.
The trial court erred in charging the jury as to the standard of care applicable in an "emergency situation" since there were no facts presented at the trial upon which a jury could properly find that defendant McMullen, the driver of the bus owned by defendant...
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