Hill v. Edmonds
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Page 1020

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270 N.Y.S.2d 1020

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26 A.D.2d 554

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Gertrude HILL, Appellant,
v.
Robert EDMONDS et al., Defendants, and Albert J. Bragoli, Respondent.

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Supreme Court, Appellate Division, Second Department.

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June 13, 1966.
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        Before CHRIST, Acting P.J., and BRENNAN, HILL, RABIN and HOPKINS, JJ.

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MEMORANDUM BY THE COURT.

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        In a negligence action to recover damages for personal injury, plaintiff appeals from a judgment of the Supreme Court, Queens County, entered June 21, 1965, which dismissed the complaint as against defendant Bragoli upon the court's decision at the close of plaintiff's case upon a jury trial.

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        Judgment reversed, on the law, and new trial granted, with costs to appellant to abide the event. No questions of fact have been considered.

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        At the close of plaintiff's case the court dismissed the complaint against the owner of a tractor truck who on a stormy night left it parked without lights in the middle of a road where the car in which

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Page 1021