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

Appellate Division of the Supreme Court of the State of New York·Decided November 12, 1940·Published

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.

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

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.

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

260 A.D. 940 (Rechtweg v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.