242 A.D. 784 | N.Y. App. Div. | 1934
The action was to recover damages for the concurrent negligence of two defendants. A verdict containing special findings of fact was rendered by the jury against both defendants. This special verdict was apparently set aside (although no order to that effect is printed) as against the Steamship Terminal Operating Corporation, and a judgment was entered dismissing the complaint as to that defendant. Judgment against defendant Mercur Corporation affirmed, with costs. Judgment dismissing complaint against defendant Steamship Terminal Operating Corporation reversed on the law and judgment directed and rendered for the plaintiff on the special verdict against said defendant, with costs on the trial and on appeal. It was within the province of the jury to find from the proved facts and the fair inferences to be drawn therefrom