Godin v. Welch

Appellate Division of the Supreme Court of New York

Godin v. Welch

9 A.D.2d 813, 192 N.Y.S.2d 543, 1959 N.Y. App. Div. LEXIS 6162

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

DecidedNovember 13, 1959

StatusPublished

This text of 9 A.D.2d 813 (Godin v. Welch) 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

Godin v. Welch, 9 A.D.2d 813, 192 N.Y.S.2d 543, 1959 N.Y. App. Div. LEXIS 6162 (N.Y. Ct. App. 1959).

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Opinion

Appeal from an order of the Supreme Court, Franklin County, which set aside verdicts of no cause of action rendered by a jury in favor of the defendants in each of the above-entitled actions. These cases involved an automobile accident in which the ear of the defendant Doan, operated by the defendant Welch, struck the rear of a ear, owned and operated by the plaintiff Godin, in which his wife, the plaintiff Geraldine Godin, was riding at the time. The Godin car was standing still at the time, being held up by a line of ears waiting for a traffic light to change. It rested over the brow of a hill and the defense apparently was to the effect that the pavement was wet, and the driver of the defendant Doan’s car, which was approaching from the other side of the hill did not see the Godin car in time to stop short of a collision although he applied his brake. We are inclined to the view that the verdicts were against the weight of evidence, but in any event the colloquy between the Trial Justice imd certain members of the jury when the verdicts were reported would indicate that the jury did not clearly understand the issues involved. We think the Trial Justice wisely exercised his discretion in setting the verdicts aside. Order unanimously affirmed, with $10 costs. Present — Foster, P. J., Bergan, Coon, Gibson and Herlihy, JJ.

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Appeal from an order of the Supreme Court, Franklin County, which set aside verdicts of no cause of action rendered by a jury in favor of the defendants in each of the above-entitled actions. These cases involved an automobile accident in which the ear of the defendant Doan, operated by the defendant Welch, struck the rear of a ear, owned and operated by the plaintiff Godin, in which his wife, the plaintiff Geraldine Godin, was riding at the time. The Godin car was standing still at the time, being held up by a line of ears waiting for a traffic light to change. It rested over the brow of a hill and the defense apparently was to the effect that the pavement was wet, and the driver of the defendant Doan’s car, which was approaching from the other side of the hill did not see the Godin car in time to stop short of a collision although he applied his brake. We are inclined to the view that the verdicts were against the weight of evidence, but in any event the colloquy between the Trial Justice imd certain members of the jury when the verdicts were reported would indicate that the jury did not clearly understand the issues involved. We think the Trial Justice wisely exercised his discretion in setting the verdicts aside. Order unanimously affirmed, with $10 costs. Present — Foster, P. J., Bergan, Coon, Gibson and Herlihy, JJ.

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Bluebook (online)

9 A.D.2d 813, 192 N.Y.S.2d 543, 1959 N.Y. App. Div. LEXIS 6162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/godin-v-welch-nyappdiv-1959.