Heyward v. City of New Rochelle

Appellate Division of the Supreme Court of New York

Heyward v. City of New Rochelle

244 A.D. 737, 279 N.Y.S. 999

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

DecidedApril 15, 1935

StatusPublished

This text of 244 A.D. 737 (Heyward v. City of New Rochelle) 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

Heyward v. City of New Rochelle, 244 A.D. 737, 279 N.Y.S. 999 (N.Y. Ct. App. 1935).

Pincite

Opinion

The infant plaintiff was resting in his mother’s lap in a car driven by his father. At a street intersection there was a collision between the car and a police ear responding to an alarm, severely injuring the infant and slightly injuring his mother. They brought actions for damages and separate judgments were entered in their favor. Defendant appeals from each judgment. Judgments reversed on the law and the facts and a new trial granted, costs to appellant to abide the event, upon the ground that the determination of the jury is against the weight of the evidence. Hagarty, Seudder and Tompkins, JJ., concur; Lazansky, P. J., and Davis, J., dissent and vote to affirm.

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The infant plaintiff was resting in his mother’s lap in a car driven by his father. At a street intersection there was a collision between the car and a police ear responding to an alarm, severely injuring the infant and slightly injuring his mother. They brought actions for damages and separate judgments were entered in their favor. Defendant appeals from each judgment. Judgments reversed on the law and the facts and a new trial granted, costs to appellant to abide the event, upon the ground that the determination of the jury is against the weight of the evidence. Hagarty, Seudder and Tompkins, JJ., concur; Lazansky, P. J., and Davis, J., dissent and vote to affirm.

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Bluebook (online)

244 A.D. 737, 279 N.Y.S. 999, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heyward-v-city-of-new-rochelle-nyappdiv-1935.