D'Auria v. Rodgers

Appellate Terms of the Supreme Court of New York

D'Auria v. Rodgers

119 N.Y.S. 1122

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 30, 1909

StatusPublished

This text of 119 N.Y.S. 1122 (D'Auria v. Rodgers) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

D'Auria v. Rodgers, 119 N.Y.S. 1122 (N.Y. Ct. App. 1909).

Pincite

Opinion

PER CURIAM.

The plaintiff has recovered a judgment-awarding him damages for an injury he. claims to have sustained through the negligence of the defendant. He was engaged in dumping dirt from dirt cars, which he attempted to stop by putting one end of a stick on the track as a block to the wheels. The evidence is unsatisfactory, and gives but a scant idea of the circumstances under which the cars were being operated and the manner in which they should have been stopped. The record now before us does not establish negligence on the part of the defendant. The judgment is reversed, and a new trial ordered, with costs to appellant to abide the event.

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PER CURIAM.

The plaintiff has recovered a judgment-awarding him damages for an injury he. claims to have sustained through the negligence of the defendant. He was engaged in dumping dirt from dirt cars, which he attempted to stop by putting one end of a stick on the track as a block to the wheels. The evidence is unsatisfactory, and gives but a scant idea of the circumstances under which the cars were being operated and the manner in which they should have been stopped. The record now before us does not establish negligence on the part of the defendant. The judgment is reversed, and a new trial ordered, with costs to appellant to abide the event.

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Bluebook (online)

119 N.Y.S. 1122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dauria-v-rodgers-nyappterm-1909.