Legal Opinion

C. A. Terpening Trucking Co. v. City of Fulton

Appellate Division of the Supreme Court of the State of New York

Decided December 5, 1974No. Appeal No. 1PublishedCited by 3 opinions

1Opinion of the Court

— 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 light most favorable to defendant it determined that the jury could not find plaintiff guilty of contributory negligence by any…

2Cases cited4 opinions

  1. Blum v. Fresh Grown Preserve Corp.New York Court of Appeals · 1944
  2. Mann v. HuntAppellate Division of the Supreme Court of the State of New York · 1953
  3. Swensson v. New York, Albany Despatch Co.New York Court of Appeals · 1956
  4. Lee v. City Brewing CorporationNew York Court of Appeals · 1939

3Cited by3 opinions

  1. McDowell v. Di PronioAppellate Division of the Supreme Court of the State of New York · 1976
  2. Boyle v. GretchAppellate Division of the Supreme Court of the State of New York · 1977
  3. Yacano v. De FayetteAppellate Division of the Supreme Court of the State of New York · 1979

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