C. A. Terpening Trucking Co. v. City of Fulton
Appellate Division of the Supreme Court of the State of New York
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
- Blum v. Fresh Grown Preserve Corp.New York Court of Appeals · 1944
- Mann v. HuntAppellate Division of the Supreme Court of the State of New York · 1953
- Swensson v. New York, Albany Despatch Co.New York Court of Appeals · 1956
- Lee v. City Brewing CorporationNew York Court of Appeals · 1939
3Cited by3 opinions
- McDowell v. Di PronioAppellate Division of the Supreme Court of the State of New York · 1976
- Boyle v. GretchAppellate Division of the Supreme Court of the State of New York · 1977
- Yacano v. De FayetteAppellate Division of the Supreme Court of the State of New York · 1979