Lee v. City Brewing Corp.

Appellate Division of the Supreme Court of New York

Lee v. City Brewing Corp.

254 A.D. 779, 4 N.Y.S.2d 773, 1938 N.Y. App. Div. LEXIS 7574

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

DecidedMay 27, 1938

StatusPublished

This text of 254 A.D. 779 (Lee v. City Brewing 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

Lee v. City Brewing Corp., 254 A.D. 779, 4 N.Y.S.2d 773, 1938 N.Y. App. Div. LEXIS 7574 (N.Y. Ct. App. 1938).

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Opinion

On appeal by defendant, in an action for damages for death by alleged wrongful act, from a judgment for plaintiff, entered in the Supreme Court on a jury verdict, judgment reversed on the law, with costs, and complaint dismissed, with costs. The incontrovertible demonstrative evidence showed that plaintiff’s intestate, riding alone in his automobile, drove onto a main highway out of a crossroad, at high speed and in disregard of a traffic stop sign, into the path of defendant’s truck, approaching from decedent’s right, and that a collision ensued in which decedent met his death. As a matter of law, decedent was guilty of negligence that caused or contributed to his death, in disregarding the stop sign (Vehicle and Traffic Law, § 88, subd. 6; Meadows v. Lewis, 235 App. Div. 243, 246; Manard v. Sheppard, 243 id. 265), and in failing to give the right of way to the truck approaching from his right (Vehicle and Traffic Law, § 82, subd. 4; Shuman v. Hall, 246 N. Y. 51, 55; Mertz v. Connecticut Co., 217 id. 475, 478). In view of what the operator of the truck had the right to expect from the decedent in the management of his automobile, plaintiff failed to show any negligence on the part of the defendant. Lazansky, P. J., Davis, Johnston, Adel and Taylor, JJ., concur.

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On appeal by defendant, in an action for damages for death by alleged wrongful act, from a judgment for plaintiff, entered in the Supreme Court on a jury verdict, judgment reversed on the law, with costs, and complaint dismissed, with costs. The incontrovertible demonstrative evidence showed that plaintiff’s intestate, riding alone in his automobile, drove onto a main highway out of a crossroad, at high speed and in disregard of a traffic stop sign, into the path of defendant’s truck, approaching from decedent’s right, and that a collision ensued in which decedent met his death. As a matter of law, decedent was guilty of negligence that caused or contributed to his death, in disregarding the stop sign (Vehicle and Traffic Law, § 88, subd. 6; Meadows v. Lewis, 235 App. Div. 243, 246; Manard v. Sheppard, 243 id. 265), and in failing to give the right of way to the truck approaching from his right (Vehicle and Traffic Law, § 82, subd. 4; Shuman v. Hall, 246 N. Y. 51, 55; Mertz v. Connecticut Co., 217 id. 475, 478). In view of what the operator of the truck had the right to expect from the decedent in the management of his automobile, plaintiff failed to show any negligence on the part of the defendant. Lazansky, P. J., Davis, Johnston, Adel and Taylor, JJ., concur.

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Bluebook (online)

254 A.D. 779, 4 N.Y.S.2d 773, 1938 N.Y. App. Div. LEXIS 7574, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lee-v-city-brewing-corp-nyappdiv-1938.

Opinion

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