Burns v. City of New York

Appellate Division of the Supreme Court of New York

Burns v. City of New York

272 A.D.2d 1063

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

DecidedNovember 10, 1947

StatusPublished

This text of 272 A.D.2d 1063 (Burns v. City of New York) 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

Burns v. City of New York, 272 A.D.2d 1063 (N.Y. Ct. App. 1947).

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Opinion

Action to recover damages for personal injuries suffered as a consequence of the collision of an automobile with a pillar located in a roadway in Queens County, which pillar in part supported an overhead railroad structure. Judgment for defendants reversed on the law and a new trial granted, with costs to the appellant to abide the event. The court erred in excluding proof of alleged prior accidents involving the pillar with which the automobile in which plaintiff was riding as a guest collided. (Quinlan v. City of Utica, 11 Hun 217, affd. 74 N. Y. 603; Koehler v. City of New York, 262 N. Y. 74, 78; Gastel v. City of New York, 194 N. Y. 15.) Hagarty, Acting P. J., Carswell, Johnston, Adel and Sneed, JJ., concur.

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Action to recover damages for personal injuries suffered as a consequence of the collision of an automobile with a pillar located in a roadway in Queens County, which pillar in part supported an overhead railroad structure. Judgment for defendants reversed on the law and a new trial granted, with costs to the appellant to abide the event. The court erred in excluding proof of alleged prior accidents involving the pillar with which the automobile in which plaintiff was riding as a guest collided. (Quinlan v. City of Utica, 11 Hun 217, affd. 74 N. Y. 603; Koehler v. City of New York, 262 N. Y. 74, 78; Gastel v. City of New York, 194 N. Y. 15.) Hagarty, Acting P. J., Carswell, Johnston, Adel and Sneed, JJ., concur.

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272 A.D.2d 1063, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burns-v-city-of-new-york-nyappdiv-1947.

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