MacLean v. Coyne

Appellate Division of the Supreme Court of New York

MacLean v. Coyne

257 A.D. 899, 12 N.Y.S.2d 391, 1939 N.Y. App. Div. LEXIS 8324

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

DecidedMay 25, 1939

StatusPublished

This text of 257 A.D. 899 (MacLean v. Coyne) 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

MacLean v. Coyne, 257 A.D. 899, 12 N.Y.S.2d 391, 1939 N.Y. App. Div. LEXIS 8324 (N.Y. Ct. App. 1939).

Pincite

Opinion

Appeal from a judgment in favor of the plaintiff, and from an order denying a motion for a new trial. Plaintiff alighted from an east-bound bus at the juncture of the Troy road with Route 20, between Albany and Pittsfield, on the southerly side of Route 20; he walked across Route 20 to the northerly side thereof and then along the northerly side, left-hand side of the Troy road, and which he left, and as he proceeded in the direction of the left side of the Troy road and towards his home, he was hit by the defendants’ automobile which was traveling west on Route 20. The evidence indicates that defendants’ brakes would not bring then car to a stop in less than sixty-odd feet when traveling at the rate of twenty miles an hour. There is a question of fact whether or not the plaintiff at the time he was injured was walking on Route 20 or on the Troy road. Judgment and order unanimously affirmed, with costs.

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Appeal from a judgment in favor of the plaintiff, and from an order denying a motion for a new trial. Plaintiff alighted from an east-bound bus at the juncture of the Troy road with Route 20, between Albany and Pittsfield, on the southerly side of Route 20; he walked across Route 20 to the northerly side thereof and then along the northerly side, left-hand side of the Troy road, and which he left, and as he proceeded in the direction of the left side of the Troy road and towards his home, he was hit by the defendants’ automobile which was traveling west on Route 20. The evidence indicates that defendants’ brakes would not bring then car to a stop in less than sixty-odd feet when traveling at the rate of twenty miles an hour. There is a question of fact whether or not the plaintiff at the time he was injured was walking on Route 20 or on the Troy road. Judgment and order unanimously affirmed, with costs.

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Bluebook (online)

257 A.D. 899, 12 N.Y.S.2d 391, 1939 N.Y. App. Div. LEXIS 8324, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maclean-v-coyne-nyappdiv-1939.