Penn-Dixie Cement Corp. v. Board of Assessors

Appellate Division of the Supreme Court of New York

Penn-Dixie Cement Corp. v. Board of Assessors

5 A.D.2d 949, 172 N.Y.S.2d 570, 1958 N.Y. App. Div. LEXIS 6748

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

DecidedMarch 5, 1958

StatusPublished

This text of 5 A.D.2d 949 (Penn-Dixie Cement Corp. v. Board of Assessors) 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

Penn-Dixie Cement Corp. v. Board of Assessors, 5 A.D.2d 949, 172 N.Y.S.2d 570, 1958 N.Y. App. Div. LEXIS 6748 (N.Y. Ct. App. 1958).

Pincite

Opinion

Judgment reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: We conclude that the verdict of the jury was against the weight of the evidence as to the negligence of the defendant. We further conclude that in view of the evidence it was error for the trial court to refuse defendant’s request to charge that “if they find that this accident was unavoidable due to conditions pertaining at the time, that they must bring in a verdict in favor of the defendant of no cause of action.” All concur. (Appeal from a judgment of Chautauqua Trial Term, for plaintiff in an automobile negligence action.)

Present — MeCurn, P. J., Kimball, Williams, Goldman and Halpem, JJ.

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Judgment reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: We conclude that the verdict of the jury was against the weight of the evidence as to the negligence of the defendant. We further conclude that in view of the evidence it was error for the trial court to refuse defendant’s request to charge that “if they find that this accident was unavoidable due to conditions pertaining at the time, that they must bring in a verdict in favor of the defendant of no cause of action.” All concur. (Appeal from a judgment of Chautauqua Trial Term, for plaintiff in an automobile negligence action.)

Present — MeCurn, P. J., Kimball, Williams, Goldman and Halpem, JJ.

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Bluebook (online)

5 A.D.2d 949, 172 N.Y.S.2d 570, 1958 N.Y. App. Div. LEXIS 6748, Counsel Stack Legal Research, https://law.counselstack.com/opinion/penn-dixie-cement-corp-v-board-of-assessors-nyappdiv-1958.