Fleming v. Sherwood

Appellate Division of the Supreme Court of New York

Fleming v. Sherwood

33 A.D.2d 881, 307 N.Y.S.2d 638

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

DecidedDecember 11, 1969

DocketAppeal No. 3

StatusPublished

This text of 33 A.D.2d 881 (Fleming v. Sherwood) 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

Fleming v. Sherwood, 33 A.D.2d 881, 307 N.Y.S.2d 638 (N.Y. Ct. App. 1969).

Pincite

Opinion

Judgment unanimously reversed on the law and facts and a new trial granted, with costs to abide the event. Memorandum: The error committed by the trial court in charging the jury, in the actions brought by the Sherwoods, that Justin Fleming was negligent as a matter of law, so infected the result in the present case that, in the interest of justice, a new trial should be had. We are also mindful of the error occasioned by the failure adequately to instruct the jury regarding the testimony and effect of the skid marks and speed of the Sherwood car. (Appeal from judgment of Monroe Trial Term in automobile negligence action.) Present — Del Vecchio, J. P., Marsh, Gabrielli, Moule and Bastow, JJ.

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Judgment unanimously reversed on the law and facts and a new trial granted, with costs to abide the event. Memorandum: The error committed by the trial court in charging the jury, in the actions brought by the Sherwoods, that Justin Fleming was negligent as a matter of law, so infected the result in the present case that, in the interest of justice, a new trial should be had. We are also mindful of the error occasioned by the failure adequately to instruct the jury regarding the testimony and effect of the skid marks and speed of the Sherwood car. (Appeal from judgment of Monroe Trial Term in automobile negligence action.) Present — Del Vecchio, J. P., Marsh, Gabrielli, Moule and Bastow, JJ.

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Bluebook (online)

33 A.D.2d 881, 307 N.Y.S.2d 638, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fleming-v-sherwood-nyappdiv-1969.