George A. Ohl & Co. v. Brooklyn Heights Railroad

Appellate Division of the Supreme Court of New York

George A. Ohl & Co. v. Brooklyn Heights Railroad

113 A.D. 895, 98 N.Y.S. 1103

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

DecidedMay 15, 1906

StatusPublished

This text of 113 A.D. 895 (George A. Ohl & Co. v. Brooklyn Heights 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

George A. Ohl & Co. v. Brooklyn Heights Railroad, 113 A.D. 895, 98 N.Y.S. 1103 (N.Y. Ct. App. 1906).

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Opinion

Woodward, J.:

The plaintiff was nonsuited in an action to recover damages to personal property due to defendant’s negligence, on the ground that the evidence failed to show freedom from contributory negligence. I think the evi- < deuce showed that the plaintiff’s driver exercised some degree of care under the circumstances of the case, and that he was entitled to go to the jury. The judgment should be reversed and a new trial ordered, costs to abide the event. Hirschberg, P. J., Gaynor, Rich and Miller, JJ., concurred. Judgment of the Municipal Court reversed and new trial ordered, costs to abide the event.

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Woodward, J.:

The plaintiff was nonsuited in an action to recover damages to personal property due to defendant’s negligence, on the ground that the evidence failed to show freedom from contributory negligence. I think the evi- < deuce showed that the plaintiff’s driver exercised some degree of care under the circumstances of the case, and that he was entitled to go to the jury. The judgment should be reversed and a new trial ordered, costs to abide the event. Hirschberg, P. J., Gaynor, Rich and Miller, JJ., concurred. Judgment of the Municipal Court reversed and new trial ordered, costs to abide the event.

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Bluebook (online)

113 A.D. 895, 98 N.Y.S. 1103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/george-a-ohl-co-v-brooklyn-heights-railroad-nyappdiv-1906.