Rose v. Staten Island Rapid Transit Railway Co.

Appellate Division of the Supreme Court of New York

Rose v. Staten Island Rapid Transit Railway Co.

246 A.D. 785

Appellate Division of the Supreme Court of the State of New York·Decided December 15, 1935·Published

Opinion

In an action to recover damages for personal injuries, in which the complaint was dismissed at the close of plaintiff’s case on the ground that the [786]*786plaintiff was guilty of contributory negligence as a matter of law, judgment reversed on the law and a new trial granted, costs to abide the event. We are of the opinion that, upon the evidence submitted, the question of plaintiff’s contributory negligence was one of fact for the jury. Young, Hagarty, Davis and Johnston, JJ., concur; Lazansky, P. J., not voting.

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In an action to recover damages for personal injuries, in which the complaint was dismissed at the close of plaintiff’s case on the ground that the [786]*786plaintiff was guilty of contributory negligence as a matter of law, judgment reversed on the law and a new trial granted, costs to abide the event. We are of the opinion that, upon the evidence submitted, the question of plaintiff’s contributory negligence was one of fact for the jury. Young, Hagarty, Davis and Johnston, JJ., concur; Lazansky, P. J., not voting.

Rose v. Staten Island Rapid Transit Railway Co., 246 A.D. 785 (N.Y. Ct. App. 1935).

Pincite

246 A.D. 785 (Rose v. Staten Island Rapid Transit Railway Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.