Flynn v. Yonkers Railroad

Appellate Division of the Supreme Court of New York

Flynn v. Yonkers Railroad

177 A.D. 901

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

DecidedFebruary 15, 1917

StatusPublished

This text of 177 A.D. 901 (Flynn v. Yonkers Railroad) 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

Flynn v. Yonkers Railroad, 177 A.D. 901 (N.Y. Ct. App. 1917).

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Opinion

Judgment reversed and new trial granted, upon reargument, costs to abide the event, on authority of Hartell v. Simonson & Son Co. (218 N. Y. 345). We think the evidence presents a question of fact for the jury as to the liability of the defendant for the acts of the driver. We pass upon no question involved in the motion to dismiss not specifically decided by the trial court. Jenks, P. J., Thomas, Stapleton and Putnam, JJ., concurred; Carr, J., not voting.

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Judgment reversed and new trial granted, upon reargument, costs to abide the event, on authority of Hartell v. Simonson & Son Co. (218 N. Y. 345). We think the evidence presents a question of fact for the jury as to the liability of the defendant for the acts of the driver. We pass upon no question involved in the motion to dismiss not specifically decided by the trial court. Jenks, P. J., Thomas, Stapleton and Putnam, JJ., concurred; Carr, J., not voting.

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Bluebook (online)

177 A.D. 901, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flynn-v-yonkers-railroad-nyappdiv-1917.

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