Elarde v. Mundt

Appellate Division of the Supreme Court of New York

Elarde v. Mundt

236 A.D. 814

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

DecidedOctober 15, 1932

StatusPublished

This text of 236 A.D. 814 (Elarde v. Mundt) 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

Elarde v. Mundt, 236 A.D. 814 (N.Y. Ct. App. 1932).

Pincite

Opinion

Order of Appellate Term affirming judgment of the Municipal Court and said judgment reversed on the law and a new trial ordered, costs to appellant to abide the event. In our opinion, the trial court erred in charging the jury that the plaintiff could recover in the event only that the defendants’ negligence was the sole cause of the accident, and in refusing to charge, at plaintiff’s request, that any negligence on the part of the driver of the car in which plaintiff was riding was not imputable to him. Lazansky, P. J., Kapper, Scudder, Tompkins and Davis, JJ., concur.

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Order of Appellate Term affirming judgment of the Municipal Court and said judgment reversed on the law and a new trial ordered, costs to appellant to abide the event. In our opinion, the trial court erred in charging the jury that the plaintiff could recover in the event only that the defendants’ negligence was the sole cause of the accident, and in refusing to charge, at plaintiff’s request, that any negligence on the part of the driver of the car in which plaintiff was riding was not imputable to him. Lazansky, P. J., Kapper, Scudder, Tompkins and Davis, JJ., concur.

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Bluebook (online)

236 A.D. 814, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elarde-v-mundt-nyappdiv-1932.