Campbell v. City of New York

Appellate Division of the Supreme Court of New York

Campbell v. City of New York

258 A.D. 967, 16 N.Y.S.2d 883, 1940 N.Y. App. Div. LEXIS 8473

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

DecidedJanuary 8, 1940

StatusPublished

This text of 258 A.D. 967 (Campbell 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

Campbell v. City of New York, 258 A.D. 967, 16 N.Y.S.2d 883, 1940 N.Y. App. Div. LEXIS 8473 (N.Y. Ct. App. 1940).

Pincite

Opinion

Early in the morning of June 15, 1935, while plaintiff was proceeding in a westerly direction on the center west-bound roadway of Queens Boulevard, he was injured [968]*968when his automobile collided with one of the concrete pillars which supports an overhead bridge maintained by defendant, The New York Connecting Railroad Company. He sued the City of New York and the Railroad Company. The jury returned a verdict for $5,000 against the City and in favor of the plaintiff, and in favor of the Raiboad Company, as to which it found that no negligence had been established. The City appeals from the judgment, as amended, in so far as it adjudges that plaintiff have judgment against it, and plaintiff appeals from so much of the said judgment as adjudges that the Raiboad Company have judgment against him on the merits. Judgment, as amended, in so far as appealed from by-defendant The City of New York, reversed on the law and the facts, with costs,, and the complaint dismissed on the law, with costs. Judgment, as amended, in so far as appealed from by plaintiff, unanimously affirmed, with costs to respondent, The New York Connecting Raiboad Company. In our opinion the evidence, clearly establishes that plaintiff was guilty of contributory negligence as matter: of law. Lazansky, P. J., Carswell, Johnston, Taylor and Close, JJ., concur.

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Early in the morning of June 15, 1935, while plaintiff was proceeding in a westerly direction on the center west-bound roadway of Queens Boulevard, he was injured [968]*968when his automobile collided with one of the concrete pillars which supports an overhead bridge maintained by defendant, The New York Connecting Railroad Company. He sued the City of New York and the Railroad Company. The jury returned a verdict for $5,000 against the City and in favor of the plaintiff, and in favor of the Raiboad Company, as to which it found that no negligence had been established. The City appeals from the judgment, as amended, in so far as it adjudges that plaintiff have judgment against it, and plaintiff appeals from so much of the said judgment as adjudges that the Raiboad Company have judgment against him on the merits. Judgment, as amended, in so far as appealed from by-defendant The City of New York, reversed on the law and the facts, with costs,, and the complaint dismissed on the law, with costs. Judgment, as amended, in so far as appealed from by plaintiff, unanimously affirmed, with costs to respondent, The New York Connecting Raiboad Company. In our opinion the evidence, clearly establishes that plaintiff was guilty of contributory negligence as matter: of law. Lazansky, P. J., Carswell, Johnston, Taylor and Close, JJ., concur.

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Bluebook (online)

258 A.D. 967, 16 N.Y.S.2d 883, 1940 N.Y. App. Div. LEXIS 8473, Counsel Stack Legal Research, https://law.counselstack.com/opinion/campbell-v-city-of-new-york-nyappdiv-1940.