Doshe v. Village of Batavia

Appellate Division of the Supreme Court of New York

Doshe v. Village of Batavia

84 N.Y.S. 1123

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

DecidedOctober 27, 1903

StatusPublished

This text of 84 N.Y.S. 1123 (Doshe v. Village of Batavia) 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

Doshe v. Village of Batavia, 84 N.Y.S. 1123 (N.Y. Ct. App. 1903).

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Opinion

PER CURIAM.

Judgment and order reversed, and new trial ordered, with costs to appellant to abide event, upon questions of fact. Held that, without passing upon the correctness of the rule laid down by the trial justice, to the effect that plaintiff was chargeable with any negligence of the driver, still upon the theory upon which the case was submitted, it was against the weight of the evidence for the jury to find, in effect, that the plaintiff and the driver did not, and were not bound to, see the roller in time to have avoided the accident.

SPRING, J., dissents. STOVER, J., not voting.

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PER CURIAM.

Judgment and order reversed, and new trial ordered, with costs to appellant to abide event, upon questions of fact. Held that, without passing upon the correctness of the rule laid down by the trial justice, to the effect that plaintiff was chargeable with any negligence of the driver, still upon the theory upon which the case was submitted, it was against the weight of the evidence for the jury to find, in effect, that the plaintiff and the driver did not, and were not bound to, see the roller in time to have avoided the accident.

SPRING, J., dissents. STOVER, J., not voting.

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Bluebook (online)

84 N.Y.S. 1123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doshe-v-village-of-batavia-nyappdiv-1903.