Flynn v. Yonkers Railroad

Appellate Division of the Supreme Court of New York

Flynn v. Yonkers Railroad

177 A.D. 901

Appellate Division of the Supreme Court of the State of New York·Decided February 15, 1917·Published

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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

Pincite

177 A.D. 901 (Flynn v. Yonkers Railroad) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related