Rockcastle v. Malley

Appellate Division of the Supreme Court of New York

Rockcastle v. Malley

248 A.D. 943, 1936 N.Y. App. Div. LEXIS 8150

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

DecidedOctober 9, 1936

StatusPublished

This text of 248 A.D. 943 (Rockcastle v. Malley) 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

Rockcastle v. Malley, 248 A.D. 943, 1936 N.Y. App. Div. LEXIS 8150 (N.Y. Ct. App. 1936).

Pincite

Opinion

Judgment reversed on the law and a new trial granted, with costs to the appellant to abide the event. Memorandum: Considering the age and experience of the infant plaintiff, the obstructions about the intersection, the speed of the defendants’ automobile, and the direction in which the infant plaintiff and the automobile were proceeding, we reach the conclusion that questions of fact were presented which should be submitted to a jury in respect to the negligence of the defendant driver and the freedom from negligence of the infant plaintiff. All concur. (The judgment dismisses the complaint in an action for personal injuries when plaintiff, riding a bicycle, was struck by defendants’ automobile.) Present — Sears, P. J., Edgeomb, Thompson, Crosby and Lewis, JJ.

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Judgment reversed on the law and a new trial granted, with costs to the appellant to abide the event. Memorandum: Considering the age and experience of the infant plaintiff, the obstructions about the intersection, the speed of the defendants’ automobile, and the direction in which the infant plaintiff and the automobile were proceeding, we reach the conclusion that questions of fact were presented which should be submitted to a jury in respect to the negligence of the defendant driver and the freedom from negligence of the infant plaintiff. All concur. (The judgment dismisses the complaint in an action for personal injuries when plaintiff, riding a bicycle, was struck by defendants’ automobile.) Present — Sears, P. J., Edgeomb, Thompson, Crosby and Lewis, JJ.

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Bluebook (online)

248 A.D. 943, 1936 N.Y. App. Div. LEXIS 8150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rockcastle-v-malley-nyappdiv-1936.