Schladebach v. Brooklyn & Queens Transit Corp.

Appellate Division of the Supreme Court of New York

Schladebach v. Brooklyn & Queens Transit Corp.

259 A.D. 1018, 20 N.Y.S.2d 484, 1940 N.Y. App. Div. LEXIS 7790

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

DecidedJune 3, 1940

StatusPublished

This text of 259 A.D. 1018 (Schladebach v. Brooklyn & Queens Transit 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

Schladebach v. Brooklyn & Queens Transit Corp., 259 A.D. 1018, 20 N.Y.S.2d 484, 1940 N.Y. App. Div. LEXIS 7790 (N.Y. Ct. App. 1940).

Pincite

Opinion

The plaintiff has recovered damages for personal injuries sustained as a result of being struck by an automobile while alighting from a trolley oar operated by the defendant. The defendant appeals. Judgment affirmed, with costs. Upon this record, the questions of the negligence of the defendant and the contributory negligence on the part of the plaintiff were questions properly submitted to the jury and the verdict is not against the weight of the evidence. (Krupnick v. Branikowski, 271 N. Y. 612.) Lazansky, P. J., Carswell, Johnston and Close, JJ., concur; Adel, J., dissents and votes to reverse the judgment and to grant a new trial on the ground that the verdict of the jury is against the weight of the evidence.

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The plaintiff has recovered damages for personal injuries sustained as a result of being struck by an automobile while alighting from a trolley oar operated by the defendant. The defendant appeals. Judgment affirmed, with costs. Upon this record, the questions of the negligence of the defendant and the contributory negligence on the part of the plaintiff were questions properly submitted to the jury and the verdict is not against the weight of the evidence. (Krupnick v. Branikowski, 271 N. Y. 612.) Lazansky, P. J., Carswell, Johnston and Close, JJ., concur; Adel, J., dissents and votes to reverse the judgment and to grant a new trial on the ground that the verdict of the jury is against the weight of the evidence.

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Bluebook (online)

259 A.D. 1018, 20 N.Y.S.2d 484, 1940 N.Y. App. Div. LEXIS 7790, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schladebach-v-brooklyn-queens-transit-corp-nyappdiv-1940.

Opinion

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