Fasching v. Campano

Appellate Division of the Supreme Court of New York

Fasching v. Campano

259 A.D. 306, 19 N.Y.S.2d 221, 1940 N.Y. App. Div. LEXIS 6131

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

DecidedApril 19, 1940

StatusPublished

This text of 259 A.D. 306 (Fasching v. Campano) 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

Fasching v. Campano, 259 A.D. 306, 19 N.Y.S.2d 221, 1940 N.Y. App. Div. LEXIS 6131 (N.Y. Ct. App. 1940).

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Opinion

Per Curiam.

The weight of the evidence in this case indicates that the traffic lights were with the car driven by Arthofer and against the car driven by Campano. Under the circumstances we deem that the error of the trial court in receiving statements of Campano alleged to have been made after the accident to the effect that the lights were green warrants reversal. Such evidence was not part of the res gestee under the circumstances disclosed in the record.

The judgment should be reversed and a new trial ordered, with costs to the appellants to abide the event.

Present — Martin, P. J., Glennon, Untermyer, Cohn and Callahan, JJ.

Judgment unanimously reversed and a new trial ordered, with costs to the appellants to abide the event.

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Per Curiam.

The weight of the evidence in this case indicates that the traffic lights were with the car driven by Arthofer and against the car driven by Campano. Under the circumstances we deem that the error of the trial court in receiving statements of Campano alleged to have been made after the accident to the effect that the lights were green warrants reversal. Such evidence was not part of the res gestee under the circumstances disclosed in the record.

The judgment should be reversed and a new trial ordered, with costs to the appellants to abide the event.

Present — Martin, P. J., Glennon, Untermyer, Cohn and Callahan, JJ.

Judgment unanimously reversed and a new trial ordered, with costs to the appellants to abide the event.

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Bluebook (online)

259 A.D. 306, 19 N.Y.S.2d 221, 1940 N.Y. App. Div. LEXIS 6131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fasching-v-campano-nyappdiv-1940.