Rechtweg v. City of New York

Appellate Division of the Supreme Court of New York

Rechtweg v. City of New York

260 A.D. 940, 23 N.Y.S.2d 282, 1940 N.Y. App. Div. LEXIS 5553

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

DecidedNovember 12, 1940

StatusPublished

This text of 260 A.D. 940 (Rechtweg v. City of New York) 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

Rechtweg v. City of New York, 260 A.D. 940, 23 N.Y.S.2d 282, 1940 N.Y. App. Div. LEXIS 5553 (N.Y. Ct. App. 1940).

Pincite

Opinion

Action to recover damages for wrongful death of plaintiff’s intestate by reason of the collision of an automobile, driven by the decedent, with a trolley pole located in the middle of Queens boulevard, near 54th avenue, in the borough of Queens. Judgment in favor of plaintiff reversed on the facts and a new trial granted, with costs to appellant to abide the event, upon the ground that the determination of the jury as to appellant’s negligence and decedent’s contributory negligence is against the weight of the evidence. Lazansky, P. J., Carswell, Johnston and Taylor, JJ., concur; Close, J., dissents and votes to affirm, with the following [941]*941memorandum: The theory of the plaintiff as to the manner in which the accident happened is not improbable and the verdict is not against the weight of the evidence.

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Action to recover damages for wrongful death of plaintiff’s intestate by reason of the collision of an automobile, driven by the decedent, with a trolley pole located in the middle of Queens boulevard, near 54th avenue, in the borough of Queens. Judgment in favor of plaintiff reversed on the facts and a new trial granted, with costs to appellant to abide the event, upon the ground that the determination of the jury as to appellant’s negligence and decedent’s contributory negligence is against the weight of the evidence. Lazansky, P. J., Carswell, Johnston and Taylor, JJ., concur; Close, J., dissents and votes to affirm, with the following [941]*941memorandum: The theory of the plaintiff as to the manner in which the accident happened is not improbable and the verdict is not against the weight of the evidence.

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Bluebook (online)

260 A.D. 940, 23 N.Y.S.2d 282, 1940 N.Y. App. Div. LEXIS 5553, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rechtweg-v-city-of-new-york-nyappdiv-1940.