Diorio v. Hill

Appellate Division of the Supreme Court of New York

Diorio v. Hill

282 A.D. 706, 122 N.Y.S.2d 35, 1953 N.Y. App. Div. LEXIS 4748

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

DecidedJune 8, 1953

StatusPublished

This text of 282 A.D. 706 (Diorio v. Hill) 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

Diorio v. Hill, 282 A.D. 706, 122 N.Y.S.2d 35, 1953 N.Y. App. Div. LEXIS 4748 (N.Y. Ct. App. 1953).

Pincite

Opinion

In an action by the infant plaintiffs to recover damages for personal injuries due to the alleged negligence of defendant in striking and injuring them with his automobile and by their father for medical expenses and loss of services, judgment for defendant unanimously affirmed, without costs. The jury was warranted in finding that the accident had occurred while the infant plaintiffs were crossing the road and while they were on the concrete and not, as they testified, while they were proceeding northerly after having completely crossed the road. The ruling of the court with respect to dismissal if the accident occurred while said plaintiffs were on the concrete, referred, as shown by the context, to the request to charge with respect to crossing the road from east to west. Present — Carswell, Acting P. J., Wenzel, Mac Crate, Schmidt and Beldock, JJ.

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In an action by the infant plaintiffs to recover damages for personal injuries due to the alleged negligence of defendant in striking and injuring them with his automobile and by their father for medical expenses and loss of services, judgment for defendant unanimously affirmed, without costs. The jury was warranted in finding that the accident had occurred while the infant plaintiffs were crossing the road and while they were on the concrete and not, as they testified, while they were proceeding northerly after having completely crossed the road. The ruling of the court with respect to dismissal if the accident occurred while said plaintiffs were on the concrete, referred, as shown by the context, to the request to charge with respect to crossing the road from east to west. Present — Carswell, Acting P. J., Wenzel, Mac Crate, Schmidt and Beldock, JJ.

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Bluebook (online)

282 A.D. 706, 122 N.Y.S.2d 35, 1953 N.Y. App. Div. LEXIS 4748, Counsel Stack Legal Research, https://law.counselstack.com/opinion/diorio-v-hill-nyappdiv-1953.