McGrath v. Weinert

Appellate Division of the Supreme Court of New York

McGrath v. Weinert

4 A.D.2d 886, 167 N.Y.S.2d 502, 1957 N.Y. App. Div. LEXIS 4204

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

DecidedOctober 28, 1957

StatusPublished

This text of 4 A.D.2d 886 (McGrath v. Weinert) 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

McGrath v. Weinert, 4 A.D.2d 886, 167 N.Y.S.2d 502, 1957 N.Y. App. Div. LEXIS 4204 (N.Y. Ct. App. 1957).

Pincite

Opinion

Consolidated action to recover damages for injuries to person and property and for medical expenses and loss of services, arising out of a collision between a motor vehicle owned and operated by respondent McGrath and a motor vehicle owned by appellant Bertha Weinert and operated by respondent Wulforst, in which appellants Bertha Weinert and Robert Weinert, her husband, were passengers. The appeal, as limited by appellants’ brief, is from so much of a judgment entered on a jury verdict as is in favor of respondent Wulforst against appellants. Judgment insofar as appealed from unanimously affirmed, without costs. The issue of contributory negligence of appellants as passengers was properly presented to the jury. Present — Nolan, P. J., Wenzel, Murphy, Ughetta and Hallinan, JJ.

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Consolidated action to recover damages for injuries to person and property and for medical expenses and loss of services, arising out of a collision between a motor vehicle owned and operated by respondent McGrath and a motor vehicle owned by appellant Bertha Weinert and operated by respondent Wulforst, in which appellants Bertha Weinert and Robert Weinert, her husband, were passengers. The appeal, as limited by appellants’ brief, is from so much of a judgment entered on a jury verdict as is in favor of respondent Wulforst against appellants. Judgment insofar as appealed from unanimously affirmed, without costs. The issue of contributory negligence of appellants as passengers was properly presented to the jury. Present — Nolan, P. J., Wenzel, Murphy, Ughetta and Hallinan, JJ.

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Bluebook (online)

4 A.D.2d 886, 167 N.Y.S.2d 502, 1957 N.Y. App. Div. LEXIS 4204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgrath-v-weinert-nyappdiv-1957.