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RATHBUN v. WALKER

114 A.D.2d 716 (1985)

James Rathbun, Respondent, et al., Plaintiff, v. Leon Walker, Jr., et al., Appellants

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

October 31, 1985

Per Curiam.

This action arises out of an accident which occurred on December 5, 1981 when plaintiff James Rathbun (hereinafter plaintiff), driving north on Route 4 in the Town of Fort Ann, Washington County, struck the rear of a manure spreader being pulled in the same direction by a tractor operated by defendant John Kilmartin and owned by defendant Leon Walker, Jr. The jury found that plaintiff and Kilmartin were both at fault in causing the accident and apportioned...

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