O'Shaughnessy v. Brooklyn & Queens Transit Corp.

Appellate Division of the Supreme Court of New York

O'Shaughnessy v. Brooklyn & Queens Transit Corp.

264 A.D. 787, 34 N.Y.S.2d 965, 1942 N.Y. App. Div. LEXIS 4732

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

DecidedMay 18, 1942

StatusPublished

This text of 264 A.D. 787 (O'Shaughnessy v. Brooklyn & Queens Transit Corp.) 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

O'Shaughnessy v. Brooklyn & Queens Transit Corp., 264 A.D. 787, 34 N.Y.S.2d 965, 1942 N.Y. App. Div. LEXIS 4732 (N.Y. Ct. App. 1942).

Pincite

Opinion

Action to recover damages for the death of plaintiff’s son, a ten-year old boy, who, with four other boys, was hitching on the side of a trolley car and was struck by a safety zone stanchion alongside the rail. The jury rendered a verdict for the plaintiff. From the judgment entered thereon the defendant appeals. Judgment reversed on the facts and a new trial granted, with costs to abide the event, on the ground that the verdict of the jury is against the weight of the evidence, particularly as to the finding of knowledge, implicit in the verdict, on the part of the motorman that the boys were riding on the side of the car and were in a perilous situation or exposed to immediate danger. Lazansky, P. J., Hagarty, Carswell, Adell and Taylor, JJ., concur.

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Action to recover damages for the death of plaintiff’s son, a ten-year old boy, who, with four other boys, was hitching on the side of a trolley car and was struck by a safety zone stanchion alongside the rail. The jury rendered a verdict for the plaintiff. From the judgment entered thereon the defendant appeals. Judgment reversed on the facts and a new trial granted, with costs to abide the event, on the ground that the verdict of the jury is against the weight of the evidence, particularly as to the finding of knowledge, implicit in the verdict, on the part of the motorman that the boys were riding on the side of the car and were in a perilous situation or exposed to immediate danger. Lazansky, P. J., Hagarty, Carswell, Adell and Taylor, JJ., concur.

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Bluebook (online)

264 A.D. 787, 34 N.Y.S.2d 965, 1942 N.Y. App. Div. LEXIS 4732, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oshaughnessy-v-brooklyn-queens-transit-corp-nyappdiv-1942.