Fisher v. City of Batavia

Appellate Division of the Supreme Court of New York

Fisher v. City of Batavia

257 A.D. 1026, 13 N.Y.S.2d 608, 1939 N.Y. App. Div. LEXIS 8946

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

DecidedJune 28, 1939

StatusPublished

This text of 257 A.D. 1026 (Fisher v. City 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

Fisher v. City of Batavia, 257 A.D. 1026, 13 N.Y.S.2d 608, 1939 N.Y. App. Div. LEXIS 8946 (N.Y. Ct. App. 1939).

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Opinion

Judgment affirmed, with costs. Memorandum: From our examination of the record, we are of the opinion that the evidence supports the jury’s finding of negligence on the part of both defendants and of plaintiff’s freedom from contributory negligence. We are also of the opinion that the court did not err either in refusing to compel plaintiff to elect between the charges of negligence and nuisance, which are set forth in his complaint, before submission of the ease to the jury, or in submitting the case to the jury under the law of negligence. (Klepper v. Seymour House Corp., 246 N. Y. 85, 92; McFarlane v. City of Niagara Falls, 247 id. 341.) All concur. (The judgment is for plaintiff in a negligence action.) Present — Sears, P. J., Lewis, Cunningham, Taylor and Dowling, JJ.

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Judgment affirmed, with costs. Memorandum: From our examination of the record, we are of the opinion that the evidence supports the jury’s finding of negligence on the part of both defendants and of plaintiff’s freedom from contributory negligence. We are also of the opinion that the court did not err either in refusing to compel plaintiff to elect between the charges of negligence and nuisance, which are set forth in his complaint, before submission of the ease to the jury, or in submitting the case to the jury under the law of negligence. (Klepper v. Seymour House Corp., 246 N. Y. 85, 92; McFarlane v. City of Niagara Falls, 247 id. 341.) All concur. (The judgment is for plaintiff in a negligence action.) Present — Sears, P. J., Lewis, Cunningham, Taylor and Dowling, JJ.

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Bluebook (online)

257 A.D. 1026, 13 N.Y.S.2d 608, 1939 N.Y. App. Div. LEXIS 8946, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fisher-v-city-of-batavia-nyappdiv-1939.

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