Marron v. Fitzpatrick

¶1Judgment unanimously reversed on the law and a new trial granted, with costs to the appellant to abide the event. Memorandum: There were issues of fact which should have been submitted to the jury for determination. (Appeal from judgment of Onondaga Trial Term dismissing the complaint on motion made at close of plaintiff’s ease and renewed at close of all of the evidence, in an automobile negligence action.) Present—Williams, P. J., Bastow, Goldman, Halpern and Henry, JJ.