Moebs v. Syracuse Northern Electric Railways, Inc.

Appellate Division of the Supreme Court of New York

Moebs v. Syracuse Northern Electric Railways, Inc.

250 A.D. 825, 294 N.Y.S. 751, 1937 N.Y. App. Div. LEXIS 9156

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

DecidedMarch 10, 1937

StatusPublished

This text of 250 A.D. 825 (Moebs v. Syracuse Northern Electric Railways, Inc.) 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

Moebs v. Syracuse Northern Electric Railways, Inc., 250 A.D. 825, 294 N.Y.S. 751, 1937 N.Y. App. Div. LEXIS 9156 (N.Y. Ct. App. 1937).

Pincite

Opinion

Judgment and order reversed on the law and the facts as to defendants Burton and Gearhart and a new trial granted as to them, with costs to the appellants to abide the event, and judgment otherwise affirmed, with costs. Memorandum: As to Burton and Gearhart the verdict in so far as it predicates negligence on the truck driver’s act in backing into the course of the oncoming bus is against the weight of the evidence, and in so far as it finds a causal connection between the negligent absence of a tail light and the accident is contrary to and against the weight of the evidence inasmuch as the driver of the bus knew of the presence of the truck on the pavement in ample time to have avoided the accident by a proper turn to the left. All concur, except Thompson and Crosby, JJ., who dissent only as to Burton and Gearhart, and vote for affirmance also as to them. (The judgment awards plaintiff damages for personal injuries sustained in a collision between an automobile bus and a truck. The order denies a motion for a new trial on the minutes. Present— Sears, P. J., Thompson, Crosby, Lewis and Cunningham, JJ.

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Judgment and order reversed on the law and the facts as to defendants Burton and Gearhart and a new trial granted as to them, with costs to the appellants to abide the event, and judgment otherwise affirmed, with costs. Memorandum: As to Burton and Gearhart the verdict in so far as it predicates negligence on the truck driver’s act in backing into the course of the oncoming bus is against the weight of the evidence, and in so far as it finds a causal connection between the negligent absence of a tail light and the accident is contrary to and against the weight of the evidence inasmuch as the driver of the bus knew of the presence of the truck on the pavement in ample time to have avoided the accident by a proper turn to the left. All concur, except Thompson and Crosby, JJ., who dissent only as to Burton and Gearhart, and vote for affirmance also as to them. (The judgment awards plaintiff damages for personal injuries sustained in a collision between an automobile bus and a truck. The order denies a motion for a new trial on the minutes. Present— Sears, P. J., Thompson, Crosby, Lewis and Cunningham, JJ.

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Bluebook (online)

250 A.D. 825, 294 N.Y.S. 751, 1937 N.Y. App. Div. LEXIS 9156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moebs-v-syracuse-northern-electric-railways-inc-nyappdiv-1937.