Hobart v. . the Town of Tully

New York Court of Appeals

Hobart v. . the Town of Tully

108 N.E. 1096, 214 N.Y. 606, 1915 N.Y. LEXIS 1265

DecidedJanuary 26, 1915

StatusPublished

This text of 108 N.E. 1096 (Hobart v. . the Town of Tully) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hobart v. . the Town of Tully, 108 N.E. 1096, 214 N.Y. 606, 1915 N.Y. LEXIS 1265 (N.Y. 1915).

Pincite

Opinion

Per Curiam.

We think that on the evidence presented by the plaintiff the questions of defendant’s negligence and of the intestate’s freedom from contributory negligence were ones of fact to be decided by the jury, and that, therefore, it was error for the court to grant defendant’s motion for a nonsuit.

The judgment appealed from should be reversed and a new trial granted, costs to abide event.

■ Willard Bartlett, Ch. J., Hiscock, Miller, Cardozo and Seabury, JJ., concur; Chase and Cuddebaok, JJ., dissent on the ground that'the plaintiff failed to show affirmatively that the intestate was free from contributory negligence.

Judgment reversed, etc.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

We think that on the evidence presented by the plaintiff the questions of defendant’s negligence and of the intestate’s freedom from contributory negligence were ones of fact to be decided by the jury, and that, therefore, it was error for the court to grant defendant’s motion for a nonsuit.

The judgment appealed from should be reversed and a new trial granted, costs to abide event.

■ Willard Bartlett, Ch. J., Hiscock, Miller, Cardozo and Seabury, JJ., concur; Chase and Cuddebaok, JJ., dissent on the ground that'the plaintiff failed to show affirmatively that the intestate was free from contributory negligence.

Judgment reversed, etc.

Cite This Page — Counsel Stack

Bluebook (online)

108 N.E. 1096, 214 N.Y. 606, 1915 N.Y. LEXIS 1265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hobart-v-the-town-of-tully-ny-1915.