Kearns v. Brooklyn & Queens Transit Corp.

Appellate Division of the Supreme Court of New York

Kearns v. Brooklyn & Queens Transit Corp.

254 A.D. 779, 4 N.Y.S.2d 764, 1938 N.Y. App. Div. LEXIS 7573

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

DecidedMay 27, 1938

StatusPublished

This text of 254 A.D. 779 (Kearns v. Brooklyn & Queens Transit Corp.) 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

Kearns v. Brooklyn & Queens Transit Corp., 254 A.D. 779, 4 N.Y.S.2d 764, 1938 N.Y. App. Div. LEXIS 7573 (N.Y. Ct. App. 1938).

Pincite

Opinion

Plaintiff Agnes V. Kearns was a passenger on defendant’s trolley car. She has recovered damages for personal injuries sustained by reason of her having been struck by one of two participants in a fist fight on the trolley car. Plaintiff claims that defendant’s motorman, with knowledge of the existence of the fight between the two passengers, did not exercise reasonable care to protect plaintiff against injury. Plaintiff John J. Kearns, the husband, has recovered for loss of services, etc. Judgment in favor of plaintiffs affirmed, with costs. No opinion. Hagarty, Carswell and Close, JJ., concur; Lazansky, P. J, and Adel, J., dissent and vote for reversal and a new trial on the ground that the verdict is against the weight of the evidence.

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Plaintiff Agnes V. Kearns was a passenger on defendant’s trolley car. She has recovered damages for personal injuries sustained by reason of her having been struck by one of two participants in a fist fight on the trolley car. Plaintiff claims that defendant’s motorman, with knowledge of the existence of the fight between the two passengers, did not exercise reasonable care to protect plaintiff against injury. Plaintiff John J. Kearns, the husband, has recovered for loss of services, etc. Judgment in favor of plaintiffs affirmed, with costs. No opinion. Hagarty, Carswell and Close, JJ., concur; Lazansky, P. J, and Adel, J., dissent and vote for reversal and a new trial on the ground that the verdict is against the weight of the evidence.

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Bluebook (online)

254 A.D. 779, 4 N.Y.S.2d 764, 1938 N.Y. App. Div. LEXIS 7573, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kearns-v-brooklyn-queens-transit-corp-nyappdiv-1938.