Seid v. Harnett

Appellate Division of the Supreme Court of New York

Seid v. Harnett

256 A.D. 200, 9 N.Y.S.2d 426, 1939 N.Y. App. Div. LEXIS 4682

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

DecidedFebruary 3, 1939

StatusPublished

This text of 256 A.D. 200 (Seid v. Harnett) 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

Seid v. Harnett, 256 A.D. 200, 9 N.Y.S.2d 426, 1939 N.Y. App. Div. LEXIS 4682 (N.Y. Ct. App. 1939).

Pincite

Opinion

Pee Curiam.

From the testimony of the other party involved in the collision it appears that both cars reduced their speed at the intersection. Each driver, apparently under the impression that he was expected to proceed, then accelerated speed, with the result that the cars collided at the intersection. Although the accident may have been the result of bad judgment on the part of the petitioner, it cannot be said to have constituted “ reckless driving ” within the meaning of section 58 of the Vehicle and Traffic Law warranting the suspension of his license.

The determination suspending petitioner’s license should be annulled and the license restored to the petitioner, with fifty dollars costs and disbursements to the petitioner.

Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.

Determination unanimously annulled and petitioner’s license ordered to be restored to him, with fifty dollars costs and disbursements to the petitioner.

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Pee Curiam.

From the testimony of the other party involved in the collision it appears that both cars reduced their speed at the intersection. Each driver, apparently under the impression that he was expected to proceed, then accelerated speed, with the result that the cars collided at the intersection. Although the accident may have been the result of bad judgment on the part of the petitioner, it cannot be said to have constituted “ reckless driving ” within the meaning of section 58 of the Vehicle and Traffic Law warranting the suspension of his license.

The determination suspending petitioner’s license should be annulled and the license restored to the petitioner, with fifty dollars costs and disbursements to the petitioner.

Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.

Determination unanimously annulled and petitioner’s license ordered to be restored to him, with fifty dollars costs and disbursements to the petitioner.

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Bluebook (online)

256 A.D. 200, 9 N.Y.S.2d 426, 1939 N.Y. App. Div. LEXIS 4682, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seid-v-harnett-nyappdiv-1939.