Albert v. Reich Bros. Long Island Motor Freight, Inc.

Appellate Division of the Supreme Court of New York

Albert v. Reich Bros. Long Island Motor Freight, Inc.

246 A.D. 608

Appellate Division of the Supreme Court of the State of New York·Decided November 15, 1935·Published

Opinion

Judgment in favor of plaintiff, entered upon a verdict in the sum of $3,000, for personal injuries sustained as the result of a collision at a street intersection between his automobile and the corporate defendant’s truck, and order denying motion to set aside the verdict and grant a new trial, affirmed, with costs, pursuant to the provisions of section 106 of the Civil Practice Act. No opinion. Young, Hagarty and Scudder, JJ., concur; Carswell and Tompkins, JJ., dissent and vote for reversal and a new trial because of a prejudicial error in refusing to charge as requested by defendants’ counsel at folio 416 and for the further reason that the court in the main charge, at folios 410-412, practically directed a verdict in favor of the plaintiff.

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Judgment in favor of plaintiff, entered upon a verdict in the sum of $3,000, for personal injuries sustained as the result of a collision at a street intersection between his automobile and the corporate defendant’s truck, and order denying motion to set aside the verdict and grant a new trial, affirmed, with costs, pursuant to the provisions of section 106 of the Civil Practice Act. No opinion. Young, Hagarty and Scudder, JJ., concur; Carswell and Tompkins, JJ., dissent and vote for reversal and a new trial because of a prejudicial error in refusing to charge as requested by defendants’ counsel at folio 416 and for the further reason that the court in the main charge, at folios 410-412, practically directed a verdict in favor of the plaintiff.

Albert v. Reich Bros. Long Island Motor Freight, Inc., 246 A.D. 608 (N.Y. Ct. App. 1935).

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