Frey v. Schimmel

Appellate Division of the Supreme Court of New York

Frey v. Schimmel

251 A.D. 877, 298 N.Y.S. 816, 1937 N.Y. App. Div. LEXIS 8076

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

DecidedJune 30, 1937

StatusPublished

This text of 251 A.D. 877 (Frey v. Schimmel) 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

Frey v. Schimmel, 251 A.D. 877, 298 N.Y.S. 816, 1937 N.Y. App. Div. LEXIS 8076 (N.Y. Ct. App. 1937).

Pincite

Opinion

Judgment and order reversed on the law and a new trial granted, with costs to the appeHant to abide the event, on the ground that the court erred in permitting the jury to find that the defendant was negligent and that his negligence was the legal cause of the accident, even though the collision to the rear of the defendant Weil’s car occurred 175 feet northerly of the private driveway from which he had entered the city street. All concur, except Crosby, J., who dissents and votes for affirmance. (The judgment awards damages for personal injuries in an automobile negligence action. The order denies a motion for a new trial on the minutes.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Taylor, JJ.

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Judgment and order reversed on the law and a new trial granted, with costs to the appeHant to abide the event, on the ground that the court erred in permitting the jury to find that the defendant was negligent and that his negligence was the legal cause of the accident, even though the collision to the rear of the defendant Weil’s car occurred 175 feet northerly of the private driveway from which he had entered the city street. All concur, except Crosby, J., who dissents and votes for affirmance. (The judgment awards damages for personal injuries in an automobile negligence action. The order denies a motion for a new trial on the minutes.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Taylor, JJ.

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Bluebook (online)

251 A.D. 877, 298 N.Y.S. 816, 1937 N.Y. App. Div. LEXIS 8076, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frey-v-schimmel-nyappdiv-1937.