Appellate Division of the Supreme Court of New York, 1921

Stillwaggon v. Stuyvesant Heights Motor Service, Inc.

Stillwaggon v. Stuyvesant Heights Motor Service, Inc.
Appellate Division of the Supreme Court of New York · Decided November 15, 1921
199 A.D. 940
Stillwaggon v. Stuyvesant Heights Motor Service, Inc.

Opinion of the Court

Judgment reversed and a new trial granted, with costs to appellant to abide the event. We think in view of the testimony as to the speed of the defendants’ motor car, and the other circumstances, that sufficient prima facie evidence of defendants’ negligence was presented to require submission to the jury. Blackmar, P. J., Mills, Rich, Putnam and Kelly, JJ., concur.

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