Madara v. Town of Lima

Appellate Division of the Supreme Court of New York

Madara v. Town of Lima

259 A.D. 795, 20 N.Y.S.2d 489, 1940 N.Y. App. Div. LEXIS 6680

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

DecidedMarch 20, 1940

StatusPublished

This text of 259 A.D. 795 (Madara v. Town of Lima) 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

Madara v. Town of Lima, 259 A.D. 795, 20 N.Y.S.2d 489, 1940 N.Y. App. Div. LEXIS 6680 (N.Y. Ct. App. 1940).

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Opinion

Judgment and order affirmed, with costs. All concur, except Crosby, P. J., who dissents and votes for reversal on the law and facts and for granting a new trial on the ground that the court should have charged the request that in order to render the defendant liable, the interference with travel must be dangerous, unusual or exceptional and different from the conditions ordinarily and generally brought about by the winter weather prevalent in the locality. (The judgment is for plaintiff in a negligence action. The order denies a motion for a new trial.) Present —■ Crosby, P. J., Cunningham, Taylor, Dowling and McCurn, JJ.

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Judgment and order affirmed, with costs. All concur, except Crosby, P. J., who dissents and votes for reversal on the law and facts and for granting a new trial on the ground that the court should have charged the request that in order to render the defendant liable, the interference with travel must be dangerous, unusual or exceptional and different from the conditions ordinarily and generally brought about by the winter weather prevalent in the locality. (The judgment is for plaintiff in a negligence action. The order denies a motion for a new trial.) Present —■ Crosby, P. J., Cunningham, Taylor, Dowling and McCurn, JJ.

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Bluebook (online)

259 A.D. 795, 20 N.Y.S.2d 489, 1940 N.Y. App. Div. LEXIS 6680, Counsel Stack Legal Research, https://law.counselstack.com/opinion/madara-v-town-of-lima-nyappdiv-1940.