Izzo v. Brooklyn & Queens Transit Corp.

Appellate Division of the Supreme Court of New York

Izzo v. Brooklyn & Queens Transit Corp.

259 A.D. 720, 18 N.Y.S.2d 9, 1940 N.Y. App. Div. LEXIS 6404

Appellate Division of the Supreme Court of the State of New York·Decided March 4, 1940·Published

Opinion

In an action for personal injuries sustained by plaintiff when she was struck by defendant’s trolley car while she was crossing a street some distance from a crosswalk, plaintiff recovered a verdict for $1,250. At the close of the case the court reserved decision on defendant’s motion to dismiss, and subsequently set aside the verdict and dismissed the complaint. While the order does not specify the reason for the dismissal, the court indicated that plaintiff was guilty of contributory negligence as matter of law. Order setting aside the verdict and dismissing the complaint, and judgment entered thereon, unanimously affirmed, with costs. No opinion. Present —1 Lazansky, P. J.,' Johnston, Adel, Taylor and Close, JJ.

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In an action for personal injuries sustained by plaintiff when she was struck by defendant’s trolley car while she was crossing a street some distance from a crosswalk, plaintiff recovered a verdict for $1,250. At the close of the case the court reserved decision on defendant’s motion to dismiss, and subsequently set aside the verdict and dismissed the complaint. While the order does not specify the reason for the dismissal, the court indicated that plaintiff was guilty of contributory negligence as matter of law. Order setting aside the verdict and dismissing the complaint, and judgment entered thereon, unanimously affirmed, with costs. No opinion. Present —1 Lazansky, P. J.,' Johnston, Adel, Taylor and Close, JJ.

Izzo v. Brooklyn & Queens Transit Corp., 259 A.D. 720, 18 N.Y.S.2d 9, 1940 N.Y. App. Div. LEXIS 6404 (N.Y. Ct. App. 1940).

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