Hilfiker v. Adams

Appellate Division of the Supreme Court of New York

Hilfiker v. Adams

256 A.D. 889, 9 N.Y.S.2d 9, 1939 N.Y. App. Div. LEXIS 9265

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

DecidedJanuary 5, 1939

StatusPublished

This text of 256 A.D. 889 (Hilfiker v. Adams) 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.

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Hilfiker v. Adams, 256 A.D. 889, 9 N.Y.S.2d 9, 1939 N.Y. App. Div. LEXIS 9265 (N.Y. Ct. App. 1939).

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Opinion

Judgment affirmed, with costs. Memorandum: A car owned and operated by plaintiff Hilfiker and one owned and operated by the defendant collided at a road intersection. The defendant had the statutory right of way (Vehicle and Traffic Law, § 82, subd. 4.) Of course, such right of way is not absolute. (Shuman v. Hall, 246 N. Y. 51; Plants v. Greiner, 232 App. Div. 73.) However, plaintiff’s own recital of the way in which the accident occurred plainly shows that he does not bring himself within the doctrine laid down in the cited cases, and a nonsuit was properly granted on the ground that plaintiff himself, as a matter of law, was guilty of negligence contributing to the accident. Ad concur. (The judgment dismisses the complaint in an automobile negligence action.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Taylor, JJ.

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Judgment affirmed, with costs. Memorandum: A car owned and operated by plaintiff Hilfiker and one owned and operated by the defendant collided at a road intersection. The defendant had the statutory right of way (Vehicle and Traffic Law, § 82, subd. 4.) Of course, such right of way is not absolute. (Shuman v. Hall, 246 N. Y. 51; Plants v. Greiner, 232 App. Div. 73.) However, plaintiff’s own recital of the way in which the accident occurred plainly shows that he does not bring himself within the doctrine laid down in the cited cases, and a nonsuit was properly granted on the ground that plaintiff himself, as a matter of law, was guilty of negligence contributing to the accident. Ad concur. (The judgment dismisses the complaint in an automobile negligence action.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Taylor, JJ.

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256 A.D. 889, 9 N.Y.S.2d 9, 1939 N.Y. App. Div. LEXIS 9265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hilfiker-v-adams-nyappdiv-1939.

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