Panasci v. Van Allen

Appellate Division of the Supreme Court of New York

Panasci v. Van Allen

276 A.D.2d 943

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

DecidedJanuary 18, 1950

StatusPublished

This text of 276 A.D.2d 943 (Panasci v. Van Allen) 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

Panasci v. Van Allen, 276 A.D.2d 943 (N.Y. Ct. App. 1950).

Pincite

Opinion

Memorandum: The trial court instructed the jury that plaintiff’s intestate was charged with the duty of looking intelligently and giving such attention to the operation of the truck in which he was riding as would reasonably tend to avoid accident; that he was required to exercise the same degree of care, caution and prudence as the operator of the truck and was responsible for a like measure of attention, care, caution and prudence as the operator of the bus which was in collision with the truck. Applying the law of the case as thus laid down by the court to decedent’s conduct, we feel that the verdict of the jury is clearly against the evidence. All concur. (Appeal from a judgment for plaintiff in a bus line negligence action. The order denies a motion for a new trial.) Present — Taylor, P. J., MeCurn, Vaughan, Kimball and Piper, JJ.

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Memorandum: The trial court instructed the jury that plaintiff’s intestate was charged with the duty of looking intelligently and giving such attention to the operation of the truck in which he was riding as would reasonably tend to avoid accident; that he was required to exercise the same degree of care, caution and prudence as the operator of the truck and was responsible for a like measure of attention, care, caution and prudence as the operator of the bus which was in collision with the truck. Applying the law of the case as thus laid down by the court to decedent’s conduct, we feel that the verdict of the jury is clearly against the evidence. All concur. (Appeal from a judgment for plaintiff in a bus line negligence action. The order denies a motion for a new trial.) Present — Taylor, P. J., MeCurn, Vaughan, Kimball and Piper, JJ.

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Bluebook (online)

276 A.D.2d 943, Counsel Stack Legal Research, https://law.counselstack.com/opinion/panasci-v-van-allen-nyappdiv-1950.