Acosta v. Craik

Appellate Division of the Supreme Court of New York

Acosta v. Craik

248 A.D. 209, 288 N.Y.S. 868, 1936 N.Y. App. Div. LEXIS 6115

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 23, 1936

StatusPublished

This text of 248 A.D. 209 (Acosta v. Craik) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Acosta v. Craik, 248 A.D. 209, 288 N.Y.S. 868, 1936 N.Y. App. Div. LEXIS 6115 (N.Y. Ct. App. 1936).

Pincite

Opinion

Per Curiam.

The trial of this action for personal injuries involving the collision between two automobiles at Fifty-ninth street and Madison avenue in the borough of Manhattan, city of New York, between two and three o’clock in the morning of December 10, 1931, occupied eight court days. The conflicting claims of the plaintiffs’ and the defendant’s witnesses presented purely issues of fact which were properly submitted to the jury in a clear, comprehensive charge that adequately protected plaintiffs’ rights, to which no exceptions whatever were taken by either side. No errors are claimed in the admission or rejection of evidence or in the charge. The jury, after deliberation, returned a verdict in favor of defendant and the evidence adduced, which the jury evidently accepted as true, supports the jury’s verdict. Accordingly it was error on the part of the trial court to set aside the verdict and direct a new trial.

The order appealed from should be reversed and the verdict in favor of defendant reinstated, with costs to the defendant-appellant.

Present — Martin, P. J., McAvoy, Untermyer, Dore and Cohn, JJ.

Order unanimously reversed and the verdict reinstated, with costs to the defendant-appellant.

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Per Curiam.

The trial of this action for personal injuries involving the collision between two automobiles at Fifty-ninth street and Madison avenue in the borough of Manhattan, city of New York, between two and three o’clock in the morning of December 10, 1931, occupied eight court days. The conflicting claims of the plaintiffs’ and the defendant’s witnesses presented purely issues of fact which were properly submitted to the jury in a clear, comprehensive charge that adequately protected plaintiffs’ rights, to which no exceptions whatever were taken by either side. No errors are claimed in the admission or rejection of evidence or in the charge. The jury, after deliberation, returned a verdict in favor of defendant and the evidence adduced, which the jury evidently accepted as true, supports the jury’s verdict. Accordingly it was error on the part of the trial court to set aside the verdict and direct a new trial.

The order appealed from should be reversed and the verdict in favor of defendant reinstated, with costs to the defendant-appellant.

Present — Martin, P. J., McAvoy, Untermyer, Dore and Cohn, JJ.

Order unanimously reversed and the verdict reinstated, with costs to the defendant-appellant.

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Bluebook (online)

248 A.D. 209, 288 N.Y.S. 868, 1936 N.Y. App. Div. LEXIS 6115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/acosta-v-craik-nyappdiv-1936.