Colgan v. Battista
This text of 259 A.D. 776 (Colgan v. Battista) 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.
Opinion
-Plaintiff was proceeding northerly on Roosevelt avenue in the city of Binghamton; defendant, easterly on Baird avenue. Plaintiff was approaching the intersection of these streets from defendant’s right and had the right of way. The physical surroundings indicate that plaintiff was in the intersection when struck by the defendant. We do not consider that the case involves the doctrine discussed in Gochee v. Wagner (257 N. Y. 344). The judgment of the County Court should be reversed and that of the City Court reinstated. Judgment of the County Court reversed on the law and facts, and judgment of the City Court of the City of Binghamton reinstated and affirmed, with costs to the appellant in all courts. Hill, P. J., Crapser, Bliss, Heffernan and Sehenck, JJ., concur.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
259 A.D. 776, 18 N.Y.S.2d 254, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colgan-v-battista-nyappdiv-1940.