Bardwell v. New York Telephone Co.

Appellate Division of the Supreme Court of New York

Bardwell v. New York Telephone Co.

263 A.D. 1050, 33 N.Y.S.2d 739, 1942 N.Y. App. Div. LEXIS 7997

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

DecidedMarch 18, 1942

StatusPublished

This text of 263 A.D. 1050 (Bardwell v. New York Telephone Co.) 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

Bardwell v. New York Telephone Co., 263 A.D. 1050, 33 N.Y.S.2d 739, 1942 N.Y. App. Div. LEXIS 7997 (N.Y. Ct. App. 1942).

Pincite

Opinion

Defendant has appealed from a judgment in plaintiff’s favor in the sum of $2,878.35, and also from an order denying its motion for a new trial. On December 21, 1939, plaintiff was a passenger in a ear owned and driven by her husband. While the automobile was traveling on the State highway it collided with defendant’s truck, which was parked on the highway a short distance from the brow of a very steep hill. The roadway was covered with ice. Another truck was approaching from the opposite direction so that it was impossible for the operator of the car, in which plaintiff was riding, to pass between the two trucks. The jury found that defendant was negligent. Only questions of fact are involved. Judgment and order unanimously affirmed, with costs. Present — Hill, P. J., Crapser, Heffernan, Sehenck and Foster, JJ.

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Defendant has appealed from a judgment in plaintiff’s favor in the sum of $2,878.35, and also from an order denying its motion for a new trial. On December 21, 1939, plaintiff was a passenger in a ear owned and driven by her husband. While the automobile was traveling on the State highway it collided with defendant’s truck, which was parked on the highway a short distance from the brow of a very steep hill. The roadway was covered with ice. Another truck was approaching from the opposite direction so that it was impossible for the operator of the car, in which plaintiff was riding, to pass between the two trucks. The jury found that defendant was negligent. Only questions of fact are involved. Judgment and order unanimously affirmed, with costs. Present — Hill, P. J., Crapser, Heffernan, Sehenck and Foster, JJ.

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Bluebook (online)

263 A.D. 1050, 33 N.Y.S.2d 739, 1942 N.Y. App. Div. LEXIS 7997, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bardwell-v-new-york-telephone-co-nyappdiv-1942.