Cioffoletti v. Schlichting

Appellate Division of the Supreme Court of New York

Cioffoletti v. Schlichting

259 A.D. 1032, 21 N.Y.S.2d 391, 1940 N.Y. App. Div. LEXIS 7856

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

DecidedJune 17, 1940

StatusPublished

This text of 259 A.D. 1032 (Cioffoletti v. Schlichting) 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

Cioffoletti v. Schlichting, 259 A.D. 1032, 21 N.Y.S.2d 391, 1940 N.Y. App. Div. LEXIS 7856 (N.Y. Ct. App. 1940).

Pincite

Opinion

In an action to recover damages for injuries sustained by the infant plaintiff and for loss of services by his parent, the complaint was dismissed at the close of plaintiffs’ ease upon the ground that plaintiffs failed to prove that defendant was guilty of negligence. Order and judgment entered thereon reversed on the law and a new trial granted, with costs to appellants to abide the event, on the ground that there is proof from which a jury might find that defendant was guilty of negligence. Contributory negligence upon the part of the infant plaintiff, as to which no question is raised by defendant, is one of fact for a jury. Lazansky, P. J., Carswell, Johnston, Adel and Taylor, JJ., concur.

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In an action to recover damages for injuries sustained by the infant plaintiff and for loss of services by his parent, the complaint was dismissed at the close of plaintiffs’ ease upon the ground that plaintiffs failed to prove that defendant was guilty of negligence. Order and judgment entered thereon reversed on the law and a new trial granted, with costs to appellants to abide the event, on the ground that there is proof from which a jury might find that defendant was guilty of negligence. Contributory negligence upon the part of the infant plaintiff, as to which no question is raised by defendant, is one of fact for a jury. Lazansky, P. J., Carswell, Johnston, Adel and Taylor, JJ., concur.

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Bluebook (online)

259 A.D. 1032, 21 N.Y.S.2d 391, 1940 N.Y. App. Div. LEXIS 7856, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cioffoletti-v-schlichting-nyappdiv-1940.