Braice v. Saunders

Appellate Division of the Supreme Court of New York

Braice v. Saunders

262 A.D. 968, 30 N.Y.S.2d 223, 1941 N.Y. App. Div. LEXIS 6694

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

DecidedSeptember 29, 1941

StatusPublished

This text of 262 A.D. 968 (Braice v. Saunders) 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

Braice v. Saunders, 262 A.D. 968, 30 N.Y.S.2d 223, 1941 N.Y. App. Div. LEXIS 6694 (N.Y. Ct. App. 1941).

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Opinion

Action for wrongful death. Judgment in favor of the defendant insurance company unanimously affirmed, with costs. The motions to dismiss made by the defendant insurance company at the close of the plaintiff’s case and at the close of the entire case should have been granted. On the facts in this record, as a matter of law, that defendant was not responsible for the negligence of the operator of the car which resulted in the death of plaintiff’s decedent. (Dunne v. Contenti, 256 App. Div. 833.) This view makes it unnecessary to pass on the contention respecting the submission by the court of the single issue of whether the insurance company was responsible for the negligence of the operator of the car. The finding of the jury on this phase was in accord with the result that should have ensued as a matter of law. Present — Lazansky, P. J., Hagarty, Carswell, Taylor and Close, JJ.

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Action for wrongful death. Judgment in favor of the defendant insurance company unanimously affirmed, with costs. The motions to dismiss made by the defendant insurance company at the close of the plaintiff’s case and at the close of the entire case should have been granted. On the facts in this record, as a matter of law, that defendant was not responsible for the negligence of the operator of the car which resulted in the death of plaintiff’s decedent. (Dunne v. Contenti, 256 App. Div. 833.) This view makes it unnecessary to pass on the contention respecting the submission by the court of the single issue of whether the insurance company was responsible for the negligence of the operator of the car. The finding of the jury on this phase was in accord with the result that should have ensued as a matter of law. Present — Lazansky, P. J., Hagarty, Carswell, Taylor and Close, JJ.

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Bluebook (online)

262 A.D. 968, 30 N.Y.S.2d 223, 1941 N.Y. App. Div. LEXIS 6694, Counsel Stack Legal Research, https://law.counselstack.com/opinion/braice-v-saunders-nyappdiv-1941.

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