Marinov v. Metropolitan Distributors, Inc.

Appellate Division of the Supreme Court of New York

Marinov v. Metropolitan Distributors, Inc.

246 A.D. 583, 284 N.Y.S. 368

Appellate Division of the Supreme Court of the State of New York·Decided November 15, 1935·Published

Opinion

Action for personal injuries sustained by plaintiff in being struck by defendants’ motor truck while crossing Ninth avenue, on the north sidewalk of Forty-first street, Manhattan. Judgment dismissing the complaint at the close of plaintiff’s case unanimously reversed and a new trial ordered, with costs to the appellant to abide the event. A prima facie ease having been made out, the question of plaintiff’s contributory negligence should have been passed upon by a jury. Present — Martin, P. J., McAvoy, O’Malley, Townley and Glennon, JJ.'

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Action for personal injuries sustained by plaintiff in being struck by defendants’ motor truck while crossing Ninth avenue, on the north sidewalk of Forty-first street, Manhattan. Judgment dismissing the complaint at the close of plaintiff’s case unanimously reversed and a new trial ordered, with costs to the appellant to abide the event. A prima facie ease having been made out, the question of plaintiff’s contributory negligence should have been passed upon by a jury. Present — Martin, P. J., McAvoy, O’Malley, Townley and Glennon, JJ.'

Marinov v. Metropolitan Distributors, Inc., 246 A.D. 583, 284 N.Y.S. 368 (N.Y. Ct. App. 1935).

Pincite

246 A.D. 583 (Marinov v. Metropolitan Distributors, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.