Maynard v. Phillips

Appellate Terms of the Supreme Court of New York

Maynard v. Phillips

149 Misc. 664, 267 N.Y.S. 868, 1933 N.Y. Misc. LEXIS 1731

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 29, 1933

StatusPublished

This text of 149 Misc. 664 (Maynard v. Phillips) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Maynard v. Phillips, 149 Misc. 664, 267 N.Y.S. 868, 1933 N.Y. Misc. LEXIS 1731 (N.Y. Ct. App. 1933).

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Opinions

Per Curiam.

The question whether this infant plaintiff was sui juris was for the jury; and the jury were authorized to find that it was not contributory negligence for this six-year-old infant to cross the street without looking for defendant’s automobile, which according to the plaintiff’s proofs was almost a block away.

Judgment and order reversed, with costs, and judgment reinstated.

Levy and Callahan, JJ., concur.

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Per Curiam.

The question whether this infant plaintiff was sui juris was for the jury; and the jury were authorized to find that it was not contributory negligence for this six-year-old infant to cross the street without looking for defendant’s automobile, which according to the plaintiff’s proofs was almost a block away.

Judgment and order reversed, with costs, and judgment reinstated.

Levy and Callahan, JJ., concur.

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Bluebook (online)

149 Misc. 664, 267 N.Y.S. 868, 1933 N.Y. Misc. LEXIS 1731, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maynard-v-phillips-nyappterm-1933.

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