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Flockhart v. Comco Heating Oil Corp.

Appellate Division of the Supreme Court of New York, Second Department
Dec 8, 1941
263 App. Div. 828 (N.Y. App. Div. 1941)

Opinion

December 8, 1941.


From an order directing a verdict in favor of the defendant, and the judgment entered thereon, in an action to recover damages for personal injuries, the plaintiff appeals. Judgment reversed on the law and the facts and a new trial granted, with costs to the appellant to abide the event. Upon the entire record a question of fact as to the negligence of the defendant and freedom from contributory negligence on the part of the plaintiff was clearly presented, and it was error for the trial court to direct a verdict. The appeal from the order is dismissed, without costs. No order is printed in the record. Lazansky, P.J., Carswell, Adel, Taylor and Close, JJ., concur.


Summaries of

Flockhart v. Comco Heating Oil Corp.

Appellate Division of the Supreme Court of New York, Second Department
Dec 8, 1941
263 App. Div. 828 (N.Y. App. Div. 1941)
Case details for

Flockhart v. Comco Heating Oil Corp.

Case Details

Full title:ALICE FLOCKHART, an Infant, by ALICE FLOCKHART, Her Guardian ad Litem…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 8, 1941

Citations

263 App. Div. 828 (N.Y. App. Div. 1941)