Kimmerly v. Romain

Appellate Division of the Supreme Court of New York

Kimmerly v. Romain

282 A.D. 1077, 126 N.Y.S.2d 602, 1953 N.Y. App. Div. LEXIS 5861

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

DecidedDecember 30, 1953

StatusPublished

This text of 282 A.D. 1077 (Kimmerly v. Romain) 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

Kimmerly v. Romain, 282 A.D. 1077, 126 N.Y.S.2d 602, 1953 N.Y. App. Div. LEXIS 5861 (N.Y. Ct. App. 1953).

Pincite

Opinion

Plaintiff sues to recover damages for injury to person and property resulting from a collision between a passenger automobile, owned and operated by plaintiff, and a tractor and trailer owned by defendant. Defendant interposed a counterclaim to recover damages to property. The jury rendered a verdict in plaintiff’s favor for $65,000 for personal injuries and $1,400 for property damage. Defendant appeals from the judgment entered thereon. Judgment reversed on the facts and a new trial granted, with costs to abide the event. The verdict, which imports that the collision took place without plaintiff’s negligence contributing thereto, is against the weight of the evidence. Nolan, P. J., Adel, MacCrate, Schmidt and Beldock, JJ., concur. [See 283 App. Div. 714.]

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Plaintiff sues to recover damages for injury to person and property resulting from a collision between a passenger automobile, owned and operated by plaintiff, and a tractor and trailer owned by defendant. Defendant interposed a counterclaim to recover damages to property. The jury rendered a verdict in plaintiff’s favor for $65,000 for personal injuries and $1,400 for property damage. Defendant appeals from the judgment entered thereon. Judgment reversed on the facts and a new trial granted, with costs to abide the event. The verdict, which imports that the collision took place without plaintiff’s negligence contributing thereto, is against the weight of the evidence. Nolan, P. J., Adel, MacCrate, Schmidt and Beldock, JJ., concur. [See 283 App. Div. 714.]

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Bluebook (online)

282 A.D. 1077, 126 N.Y.S.2d 602, 1953 N.Y. App. Div. LEXIS 5861, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kimmerly-v-romain-nyappdiv-1953.