Busteed v. City of New York

Appellate Division of the Supreme Court of New York

Busteed v. City of New York

258 A.D. 908, 17 N.Y.S.2d 398, 1939 N.Y. App. Div. LEXIS 7541

Appellate Division of the Supreme Court of the State of New York·Decided December 19, 1939·Published

Opinion

Plaintiff’s truck struck the side of the defendant’s truck when the latter was making a left turn. Plaintiff had a verdict of a jury for damages for Ms personal injuries. The appeal is solely on the ground that plaintiff was guilty of contributory negligence as a matter of law. Judgment entered on the verdict in favor of plaintiff affirmed, with costs. No opinion. Lazansky, P. J., Carswell, Johnston and Close, JJ., concur; Adel, J., dissents, votes to reverse the judgment and dismiss the complaint, being of the opinion that no view of the evidence leads to any other conclusion than that plaintiff’s truck was negligently operated and that such negligence contributed to the cause of the accident.

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Plaintiff’s truck struck the side of the defendant’s truck when the latter was making a left turn. Plaintiff had a verdict of a jury for damages for Ms personal injuries. The appeal is solely on the ground that plaintiff was guilty of contributory negligence as a matter of law. Judgment entered on the verdict in favor of plaintiff affirmed, with costs. No opinion. Lazansky, P. J., Carswell, Johnston and Close, JJ., concur; Adel, J., dissents, votes to reverse the judgment and dismiss the complaint, being of the opinion that no view of the evidence leads to any other conclusion than that plaintiff’s truck was negligently operated and that such negligence contributed to the cause of the accident.

Busteed v. City of New York, 258 A.D. 908, 17 N.Y.S.2d 398, 1939 N.Y. App. Div. LEXIS 7541 (N.Y. Ct. App. 1939).

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258 A.D. 908 (Busteed v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.