Mertin v. Natl. Transportation Co.

Appellate Division of the Supreme Court of New York

Mertin v. Natl. Transportation Co.

284 A.D. 1067, 136 N.Y.S.2d 298, 1954 N.Y. App. Div. LEXIS 4588

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

DecidedDecember 31, 1954

StatusPublished

This text of 284 A.D. 1067 (Mertin v. Natl. Transportation Co.) 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

Mertin v. Natl. Transportation Co., 284 A.D. 1067, 136 N.Y.S.2d 298, 1954 N.Y. App. Div. LEXIS 4588 (N.Y. Ct. App. 1954).

Pincite

Opinion

'Action to recover damages for personal injuries sustained when plaintiff, crossing an intersection at a crosswalk, was struck down by defendant's taxicab, allegedly driven at an excessive rate of speed. The complaint was dismissed at the close of plaintiff’s case on the ground that he was guilty of contributory negligence as a matter of law because he testified that he looked, but did not see defendant’s approaching taxicab. Judgment reversed on the law and new trial granted, with costs to appellant to abide the event. In our opinion, the questions of negligence and contributory negligence were questions of fact for the jury. Nolan, P. J., Wenzel, MacCrate, Beldoek and Murphy, JJ., concur.

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'Action to recover damages for personal injuries sustained when plaintiff, crossing an intersection at a crosswalk, was struck down by defendant's taxicab, allegedly driven at an excessive rate of speed. The complaint was dismissed at the close of plaintiff’s case on the ground that he was guilty of contributory negligence as a matter of law because he testified that he looked, but did not see defendant’s approaching taxicab. Judgment reversed on the law and new trial granted, with costs to appellant to abide the event. In our opinion, the questions of negligence and contributory negligence were questions of fact for the jury. Nolan, P. J., Wenzel, MacCrate, Beldoek and Murphy, JJ., concur.

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Bluebook (online)

284 A.D. 1067, 136 N.Y.S.2d 298, 1954 N.Y. App. Div. LEXIS 4588, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mertin-v-natl-transportation-co-nyappdiv-1954.