Dimone v. Wayne County Produce Co.

Appellate Division of the Supreme Court of New York

Dimone v. Wayne County Produce Co.

231 A.D. 862

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

DecidedDecember 15, 1930

StatusPublished

This text of 231 A.D. 862 (Dimone v. Wayne County Produce Co.) 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

Dimone v. Wayne County Produce Co., 231 A.D. 862 (N.Y. Ct. App. 1930).

Pincite

Opinion

Judgment dismissing complaint reversed upon the law and the facts and a new trial granted, costs to appellant to abide the event. The court is of opinion that there was a question of fact for the jury to determine as to whether or not the traffic manager acquiesced in plaintiff’s being on the truck as a helper. Lazansky, P. J., Young and Tompkins, JJ., concur; Kapper and Hagarty, JJ., dissent and vote to affirm.

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Judgment dismissing complaint reversed upon the law and the facts and a new trial granted, costs to appellant to abide the event. The court is of opinion that there was a question of fact for the jury to determine as to whether or not the traffic manager acquiesced in plaintiff’s being on the truck as a helper. Lazansky, P. J., Young and Tompkins, JJ., concur; Kapper and Hagarty, JJ., dissent and vote to affirm.

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Bluebook (online)

231 A.D. 862, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dimone-v-wayne-county-produce-co-nyappdiv-1930.