Appellate Division of the Supreme Court of New York, 1934

Zenner v. Yager & Wagner

Zenner v. Yager & Wagner
Appellate Division of the Supreme Court of New York · Decided December 15, 1934
243 A.D. 568
Zenner v. Yager & Wagner

Opinion of the Court

Judgment in an action brought to recover damages for personal injuries and for damages to personal property as the result of a collision between motor trucks reversed on the facts and a new trial granted, costs to appellant to abide the event. The finding of the jury that the collision between the trucks occurred west of the westerly line of Scherer boulevard and while plaintiffs’ truck was standing still or nearly so was contrary to the testimony and the physical facts shown in the case. Lazansky, P. J., Young, Carswell, Scudder and Davis, JJ., concur. '

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