Olsen v. Jacklowitz

Appellate Division of the Supreme Court of New York

Olsen v. Jacklowitz

256 A.D. 1107, 11 N.Y.S.2d 601, 1939 N.Y. App. Div. LEXIS 6311

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

DecidedApril 24, 1939

StatusPublished

This text of 256 A.D. 1107 (Olsen v. Jacklowitz) 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

Olsen v. Jacklowitz, 256 A.D. 1107, 11 N.Y.S.2d 601, 1939 N.Y. App. Div. LEXIS 6311 (N.Y. Ct. App. 1939).

Pincite

Opinion

Action for damages for personal injuries. Judgment for plaintiff unanimously affirmed, with costs. Plaintff was knocked unconscious by an automobile which struck and caromed off the front of appellant’s truck, which truck was parked in a diagonal position against the curb of a street, just as plaintiff, a pedestrian, had about reached the opposite curb. Jury questions were presented by the evidence as to whether or not appellant was negligent in the manner and condition in which it parked its truck and the period it maintained it on this one-way street; whether [1108]*1108that negligence was, in whole or part, the proximate cause of plaintiff’s injuries, and whether plaintiff was free from contributory negligence. Present —■ Lazansky, P. J., Hagarty, Carswell, Johnston and Adel, JJ.

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Action for damages for personal injuries. Judgment for plaintiff unanimously affirmed, with costs. Plaintff was knocked unconscious by an automobile which struck and caromed off the front of appellant’s truck, which truck was parked in a diagonal position against the curb of a street, just as plaintiff, a pedestrian, had about reached the opposite curb. Jury questions were presented by the evidence as to whether or not appellant was negligent in the manner and condition in which it parked its truck and the period it maintained it on this one-way street; whether [1108]*1108that negligence was, in whole or part, the proximate cause of plaintiff’s injuries, and whether plaintiff was free from contributory negligence. Present —■ Lazansky, P. J., Hagarty, Carswell, Johnston and Adel, JJ.

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Bluebook (online)

256 A.D. 1107, 11 N.Y.S.2d 601, 1939 N.Y. App. Div. LEXIS 6311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/olsen-v-jacklowitz-nyappdiv-1939.