General

Romeo Guillion, Appellant, v. Sheffield Farms Company, Inc., Defendant, and Martin Mittelmark, Respondent

243 A.D. 625·New York Supreme Court, Appellate Division·1935·NY

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Opinion

Romeo Guillion, Appellant, v. Sheffield Farms Company, Inc., Defendant, and Martin Mittelmark, Respondent. [MAJORITY] In an action brought to recover damages for personal injuries, order dismissing plaintiff’s complaint at the close of plaintiff’s case reversed upon the law and new trial granted, "with costs to abide the event. We are of the opinion that plaintiff had made out a prima facie ease when he rested and that the complaint should not have been dismissed. (St. Andrassy v. Mooney, 262 N. Y. 368, and Cohen v. Neustadter, 247 id. 207.) Lazansky, P. J., Young, Carswell, Davis and Johnston, JJ., concur.