Denton v. Brooklyn Heights R.
This text of 78 N.Y.S. 157 (Denton v. Brooklyn Heights R.) 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
The minutes show conclusively that this judgment was based upon a motion granting a nonsuit. As there was evidence tending to establish the fact that the defendant’s car was run through a fog at the rate of 18 miles an hour, it cannot be said as matter of law that there was no question of negligence on the part of •the defendant to be determined. The question of the plaintiff’s con-[158]*158tributary negligence was also one of fact. For these reasons the judgment must be reversed, and a new trial ordered.
Judgment of the municipal court reversed, and new trial ordered; costs to abide the event. All concur.
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
78 N.Y.S. 157, 75 A.D. 619, Counsel Stack Legal Research, https://law.counselstack.com/opinion/denton-v-brooklyn-heights-r-nyappdiv-1902.