Smith v. American Steel & Wire Co.

Appellate Division of the Supreme Court of New York

Smith v. American Steel & Wire Co.

259 A.D. 725, 18 N.Y.S.2d 5, 1940 N.Y. App. Div. LEXIS 6418

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

DecidedMarch 4, 1940

StatusPublished

This text of 259 A.D. 725 (Smith v. American Steel & Wire Co.) 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

Smith v. American Steel & Wire Co., 259 A.D. 725, 18 N.Y.S.2d 5, 1940 N.Y. App. Div. LEXIS 6418 (N.Y. Ct. App. 1940).

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Opinion

Plaintiff’s intestate was run down and killed by an automobile owned by respondent and operated by its employee, the defendant Hynes. In this action for damages resulting from the intestate’s death, the respondent denied that at the time of the accident, defendant Hynes was operating the car with the express or implied permission of the respondent. The jury returned a verdict against both defendants, and the trial court set aside the verdict against respondent as against the weight of the evidence. Order setting aside verdict as against respondent and granting a new trial unanimously affirmed, with costs. The issues of negligence and contributory negligence were for the jury, and the evidence on those issues was adequate to support the verdict. We agree with the trial court, however, that the verdict against the respondent was against the weight of the evidence on the issue of Hynes’ permission to use the ear at the time of the accident. (St. Andrassy v. Mooney, 262 N. Y. 368.) Present — Lazansky, P. J., Hagarty, Carswell, Johnston and Close, JJ.

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Plaintiff’s intestate was run down and killed by an automobile owned by respondent and operated by its employee, the defendant Hynes. In this action for damages resulting from the intestate’s death, the respondent denied that at the time of the accident, defendant Hynes was operating the car with the express or implied permission of the respondent. The jury returned a verdict against both defendants, and the trial court set aside the verdict against respondent as against the weight of the evidence. Order setting aside verdict as against respondent and granting a new trial unanimously affirmed, with costs. The issues of negligence and contributory negligence were for the jury, and the evidence on those issues was adequate to support the verdict. We agree with the trial court, however, that the verdict against the respondent was against the weight of the evidence on the issue of Hynes’ permission to use the ear at the time of the accident. (St. Andrassy v. Mooney, 262 N. Y. 368.) Present — Lazansky, P. J., Hagarty, Carswell, Johnston and Close, JJ.

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Bluebook (online)

259 A.D. 725, 18 N.Y.S.2d 5, 1940 N.Y. App. Div. LEXIS 6418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-american-steel-wire-co-nyappdiv-1940.

Opinion

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