Commissioners of the State Insurance v. Traube Motor Express, Inc.

Judgment unanimously reversed on the law and a new trial granted, with costs to the appellants to abide the event. Memorandum: Plaintiffs’ proof made but a prima facie case and it was error, therefore, to dismiss the complaint at the close of plaintiffs’ case. (Appeal *961from judgment of Oswego Trial Term dismissing the complaint on the merits at the close of plaintiffs’ case, in an automobile negligence action.) Present — Williams, P. J., Bastow, Ilalpern, MeClusky and Henry, JJ.