Schlegel v. Kienzle

Appellate Division of the Supreme Court of New York

Schlegel v. Kienzle

238 A.D. 866

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

DecidedMarch 15, 1933

StatusPublished

Cited by1 cases

This text of 238 A.D. 866 (Schlegel v. Kienzle) 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

Schlegel v. Kienzle, 238 A.D. 866 (N.Y. Ct. App. 1933).

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Opinion

Judgment and order reversed on the law and a new trial granted, costs to appellant to abide the event, on the ground that the admission of the testimony concerning defendant’s injuries, to which exception was taken, and the charge of the court with reference to the duty of a passenger to protest were erroneous. Although as to the charge no direct exception was taken, the nature of the error makes a new trial necessary. (Nelson v. Nygren, 259 N. Y. 71.) Lazansky, P. J., Young, Hagarty, Tompkins and Davis, JJ., concur.

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Judgment and order reversed on the law and a new trial granted, costs to appellant to abide the event, on the ground that the admission of the testimony concerning defendant’s injuries, to which exception was taken, and the charge of the court with reference to the duty of a passenger to protest were erroneous. Although as to the charge no direct exception was taken, the nature of the error makes a new trial necessary. (Nelson v. Nygren, 259 N. Y. 71.) Lazansky, P. J., Young, Hagarty, Tompkins and Davis, JJ., concur.

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Bluebook (online)

238 A.D. 866, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schlegel-v-kienzle-nyappdiv-1933.

Opinion

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