Schelker v. Commercial Credit Corp.

Appellate Division of the Supreme Court of New York

Schelker v. Commercial Credit Corp.

255 A.D. 887, 7 N.Y.S.2d 823, 1938 N.Y. App. Div. LEXIS 5767

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

DecidedNovember 28, 1938

StatusPublished

This text of 255 A.D. 887 (Schelker v. Commercial Credit Corp.) 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

Schelker v. Commercial Credit Corp., 255 A.D. 887, 7 N.Y.S.2d 823, 1938 N.Y. App. Div. LEXIS 5767 (N.Y. Ct. App. 1938).

Pincite

Opinion

Action for damages for personal injuries as a consequence of plaintiff, a pedestrian, being struck by an automobile, owned by the corporate defendant and operated by the individual defendant, at an intersection of two highways. Judgment directed for the defendants reversed on the law and a new trial granted, with costs to abide the event. Questions of fact as to the defendants’ negligence and the plaintiff’s contributory negligence were presented in the evidence adduced on behalf of the plaintiff. It was, therefore, error to direct a judgment for the defendants. Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ., concur.

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Action for damages for personal injuries as a consequence of plaintiff, a pedestrian, being struck by an automobile, owned by the corporate defendant and operated by the individual defendant, at an intersection of two highways. Judgment directed for the defendants reversed on the law and a new trial granted, with costs to abide the event. Questions of fact as to the defendants’ negligence and the plaintiff’s contributory negligence were presented in the evidence adduced on behalf of the plaintiff. It was, therefore, error to direct a judgment for the defendants. Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ., concur.

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Bluebook (online)

255 A.D. 887, 7 N.Y.S.2d 823, 1938 N.Y. App. Div. LEXIS 5767, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schelker-v-commercial-credit-corp-nyappdiv-1938.