McMurren v. Carter

Appellate Division of the Supreme Court of New York

McMurren v. Carter

46 A.D.2d 682, 360 N.Y.S.2d 66, 1974 N.Y. App. Div. LEXIS 3922

Appellate Division of the Supreme Court of the State of New York·Decided October 21, 1974·Published·Cited by 4 cases

Opinion

— In a negligence action to recover damages for personal injuries, etc., defendants appeal from an order of the Supreme Court, Kings County, dated March 29, 1974, which granted plaintiff’s motion to set aside a jury verdict in defendants’ favor. Order affirmed, with costs to abide the event of the new trial. On this record it is our view that the verdict in favor of defendants could not have been reached upon any fair interpretation of the evidence (Olsen v. Chase Manhattan Bank, 10 A D 2d 539). We note, however, that there was no error in charging the jury concerning the doctrine of emergency. Latham, Acting P. J., Shapiro, Cohalan and Brennan, JJ., concur; Benjamin, J., dissents and votes to reverse the order and reinstate the verdict, with the following memorandum: The evidence did not preponderate so greatly in plaintiff’s favor that a finding in favor of defendants could not have been reached upon any fair interpretation of the evidence.

Free access — add to your briefcase to read the full text and ask questions with AI

— In a negligence action to recover damages for personal injuries, etc., defendants appeal from an order of the Supreme Court, Kings County, dated March 29, 1974, which granted plaintiff’s motion to set aside a jury verdict in defendants’ favor. Order affirmed, with costs to abide the event of the new trial. On this record it is our view that the verdict in favor of defendants could not have been reached upon any fair interpretation of the evidence (Olsen v. Chase Manhattan Bank, 10 A D 2d 539). We note, however, that there was no error in charging the jury concerning the doctrine of emergency. Latham, Acting P. J., Shapiro, Cohalan and Brennan, JJ., concur; Benjamin, J., dissents and votes to reverse the order and reinstate the verdict, with the following memorandum: The evidence did not preponderate so greatly in plaintiff’s favor that a finding in favor of defendants could not have been reached upon any fair interpretation of the evidence.

McMurren v. Carter, 46 A.D.2d 682, 360 N.Y.S.2d 66, 1974 N.Y. App. Div. LEXIS 3922 (N.Y. Ct. App. 1974).

Pincite

46 A.D.2d 682 (McMurren v. Carter) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related