Ling v. Boothroyd

Appellate Division of the Supreme Court of New York

Ling v. Boothroyd

20 A.D.2d 750, 247 N.Y.S.2d 354, 1964 N.Y. App. Div. LEXIS 4307

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

DecidedFebruary 27, 1964

StatusPublished

This text of 20 A.D.2d 750 (Ling v. Boothroyd) 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

Ling v. Boothroyd, 20 A.D.2d 750, 247 N.Y.S.2d 354, 1964 N.Y. App. Div. LEXIS 4307 (N.Y. Ct. App. 1964).

Pincite

Opinion

Per Curiam.

Appeal is taken from a judgment entered upon granting of defendant’s renewed motion that a “ verdict be directed and nonsuit be granted, and that the complaint * * * be dismissed ”, in a negligence action involving the collision of plaintiff’s and defendant’s automobiles within a highway intersection. Plaintiff’s evidence, although light, could have warranted a recovery and we are unable to say that “by no rational process” could the jury have found for him (Blum v. Fresh Grown Preserve Corp., 292 N. Y. 241, 245.) The trial court found that plaintiff’s ease had not 'been proven by a “ preponderance of the evidence ” and that a verdict for plaintiff would have to be set aside as “against the weight of the evidence ”, but these are not the tests. (See Fifteenth Annual Report of N. Y. Judicial Council, 1949, p. 250.)

[751]*751The judgment should be reversed, on the law and the facts, with costs to appellant, and a new trial ordered.

Gibson, P. J., Herlihy, Reynolds, Taylor and Aulisi, JJ., concur.

Judgment reversed, on the law and the facts, with costs to appellant, and a new trial ordered.

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

Per Curiam.

Appeal is taken from a judgment entered upon granting of defendant’s renewed motion that a “ verdict be directed and nonsuit be granted, and that the complaint * * * be dismissed ”, in a negligence action involving the collision of plaintiff’s and defendant’s automobiles within a highway intersection. Plaintiff’s evidence, although light, could have warranted a recovery and we are unable to say that “by no rational process” could the jury have found for him (Blum v. Fresh Grown Preserve Corp., 292 N. Y. 241, 245.) The trial court found that plaintiff’s ease had not 'been proven by a “ preponderance of the evidence ” and that a verdict for plaintiff would have to be set aside as “against the weight of the evidence ”, but these are not the tests. (See Fifteenth Annual Report of N. Y. Judicial Council, 1949, p. 250.)

[751]*751The judgment should be reversed, on the law and the facts, with costs to appellant, and a new trial ordered.

Gibson, P. J., Herlihy, Reynolds, Taylor and Aulisi, JJ., concur.

Judgment reversed, on the law and the facts, with costs to appellant, and a new trial ordered.

Cite This Page — Counsel Stack

Bluebook (online)

20 A.D.2d 750, 247 N.Y.S.2d 354, 1964 N.Y. App. Div. LEXIS 4307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ling-v-boothroyd-nyappdiv-1964.

Opinion

Related

Cite This Page — Counsel Stack