Home/Appellate Division of the Supreme Court of New York/McBride v. Brady

McBride v. Brady

234 A.D. 882
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 15, 1931
StatusPublished
Cited by4 cases

This text of 234 A.D. 882 (McBride v. Brady) 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
McBride v. Brady, 234 A.D. 882 (N.Y. Ct. App. 1931).

Opinion

Judgment reversed on the law and the facts and a new trial granted, costs to appellant to abide the event. The case presented issues for the determination of the jury. In cases such as this, where the alleged negligence resulted in death, the plaintiff is not held to the high degree of proof required in a case where the injured person may take the stand and give his version of the happening of the accident. In such cases, also, the plaintiff is relieved of the burden of proving the decedent’s freedom from contributory negligence. Lazansky, P. J., Hagarty, Carswell, Scudder and Davis, JJ., concur.

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Related

Davis v. State
70 Misc. 2d 112 (New York State Court of Claims, 1972)
Hirsh v. State
18 Misc. 2d 360 (New York State Court of Claims, 1959)
Klein v. Long Island Rail Road
199 Misc. 532 (New York Supreme Court, 1950)
Noseworthy v. City of New York
80 N.E.2d 744 (New York Court of Appeals, 1948)

Cite This Page — Counsel Stack

Bluebook (online)
234 A.D. 882, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcbride-v-brady-nyappdiv-1931.