Barth v. Drago

Appellate Division of the Supreme Court of New York

Barth v. Drago

242 A.D. 631

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

DecidedJune 15, 1934

StatusPublished

This text of 242 A.D. 631 (Barth v. Drago) 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

Barth v. Drago, 242 A.D. 631 (N.Y. Ct. App. 1934).

Pincite

Opinion

Judgment reversed on the law and the facts and a new trial granted, costs to abide the event. The court erred in charging the jury that there was no question with respect to whether or not the plaintiff had a broken nose. There was a conflict of evidence on this point, and the court’s charge was an invasion of the jury's function in this respect. Lazansky, P. J., Kapper, Hagarty, Carswell and Tompkins, JJ., concur.

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Judgment reversed on the law and the facts and a new trial granted, costs to abide the event. The court erred in charging the jury that there was no question with respect to whether or not the plaintiff had a broken nose. There was a conflict of evidence on this point, and the court’s charge was an invasion of the jury's function in this respect. Lazansky, P. J., Kapper, Hagarty, Carswell and Tompkins, JJ., concur.

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Bluebook (online)

242 A.D. 631, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barth-v-drago-nyappdiv-1934.