Casey v. Ross

New York Court of Appeals

Casey v. Ross

178 N.E.2d 429, 10 N.Y.2d 834

CourtNew York Court of Appeals

DecidedOctober 19, 1961

StatusPublished

Cited by1 cases

This text of 178 N.E.2d 429 (Casey v. Ross) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Casey v. Ross, 178 N.E.2d 429, 10 N.Y.2d 834 (N.Y. 1961).

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Opinion

Judgment reversed and complaint dismissed, without costs, upon the ground that plaintiff was guilty of contributory negligence as a matter of law. No opinion.

[836]*836Concur: Chief Judge Desmond and Judges Fuld, Froessel, Van Voorhis, Burke and Foster. Judge Dye dissents and votes to affirm upon the ground that under the circumstances here present the issues of defendants’ negligence and plaintiff’s contributory negligence presented questions of fact which were properly left to the trial court for its determination. The court’s finding in favor of plaintiff on those issues, having been affirmed by the Appellate Division, is conclusive (Mayer v. Temple Props., 307 N. Y. 559; Le Roux v. State of New York, 307 N. Y. 397; Schuvart v. Werner, 291 N. Y. 32).

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Judgment reversed and complaint dismissed, without costs, upon the ground that plaintiff was guilty of contributory negligence as a matter of law. No opinion.

[836]*836Concur: Chief Judge Desmond and Judges Fuld, Froessel, Van Voorhis, Burke and Foster. Judge Dye dissents and votes to affirm upon the ground that under the circumstances here present the issues of defendants’ negligence and plaintiff’s contributory negligence presented questions of fact which were properly left to the trial court for its determination. The court’s finding in favor of plaintiff on those issues, having been affirmed by the Appellate Division, is conclusive (Mayer v. Temple Props., 307 N. Y. 559; Le Roux v. State of New York, 307 N. Y. 397; Schuvart v. Werner, 291 N. Y. 32).

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Bluebook (online)

178 N.E.2d 429, 10 N.Y.2d 834, Counsel Stack Legal Research, https://law.counselstack.com/opinion/casey-v-ross-ny-1961.

Opinion

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