Pepe v. News Syndicate Co.

Appellate Division of the Supreme Court of New York

Pepe v. News Syndicate Co.

215 A.D. 781

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

DecidedDecember 15, 1925

StatusPublished

This text of 215 A.D. 781 (Pepe v. News Syndicate Co.) 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

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

Pincite

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.

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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.

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Bluebook (online)

215 A.D. 781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pepe-v-news-syndicate-co-nyappdiv-1925.

Opinion

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