Pepe v. News Syndicate Co.

Appellate Division of the Supreme Court of New York

Pepe v. News Syndicate Co.

215 A.D. 781

Appellate Division of the Supreme Court of the State of New York·Decided December 15, 1925·Published

Opinion

Judgment reversed upon the law, and new trial granted, with costs to abide the event. We think under the facts disclosed by the record that the defendant was entitled to have the jury instructed that if the accident happened substantially as outlined by defendant’s witnesses, the verdict of the jury should be for the defendant, and that it was prejudicial error for the court to refuse this request. (Ford v. N. Y. City Interborough B. Co., 236 N. Y. 346, 350.) Kelly, P. J., Rich, Jaycox, Kelby* and Young, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment reversed upon the law, and new trial granted, with costs to abide the event. We think under the facts disclosed by the record that the defendant was entitled to have the jury instructed that if the accident happened substantially as outlined by defendant’s witnesses, the verdict of the jury should be for the defendant, and that it was prejudicial error for the court to refuse this request. (Ford v. N. Y. City Interborough B. Co., 236 N. Y. 346, 350.) Kelly, P. J., Rich, Jaycox, Kelby* and Young, JJ., concur.

Pepe v. News Syndicate Co., 215 A.D. 781 (N.Y. Ct. App. 1925).

Pincite

215 A.D. 781 (Pepe v. News Syndicate Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related