Smith v. Brooklyn & Queens Transit Corp.

Appellate Division of the Supreme Court of New York

Smith v. Brooklyn & Queens Transit Corp.

263 A.D. 851, 31 N.Y.S.2d 716, 1941 N.Y. App. Div. LEXIS 5261

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

DecidedDecember 22, 1941

StatusPublished

This text of 263 A.D. 851 (Smith 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

Smith v. Brooklyn & Queens Transit Corp., 263 A.D. 851, 31 N.Y.S.2d 716, 1941 N.Y. App. Div. LEXIS 5261 (N.Y. Ct. App. 1941).

Pincite

Opinion

In an action by plaintiff administratrix to recover damages for the wrongful death of her intestate as the result of a collision between an automobile which he was operating and defendant’s trolley car, and by plaintiff Simmons, a passenger in the automobile, to recover damages for personal injuries sustained by him, the jury rendered a verdict for defendant. Judgment unanimously affirmed, with costs. The overwhelming weight of the credible evidence shows that the accident occurred approximately 750 feet from the place fixed by the plaintiff Simmons and without negligence on the part of the defendant’s motorman, and we find no error which we may not disregard under section 106 of the Civil Practice Act. Appeal from denial of motion to set aside the verdict dismissed, without costs. Present — Lazansky, P. J., Johnston, Adel, Taylor and Close, JJ.

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In an action by plaintiff administratrix to recover damages for the wrongful death of her intestate as the result of a collision between an automobile which he was operating and defendant’s trolley car, and by plaintiff Simmons, a passenger in the automobile, to recover damages for personal injuries sustained by him, the jury rendered a verdict for defendant. Judgment unanimously affirmed, with costs. The overwhelming weight of the credible evidence shows that the accident occurred approximately 750 feet from the place fixed by the plaintiff Simmons and without negligence on the part of the defendant’s motorman, and we find no error which we may not disregard under section 106 of the Civil Practice Act. Appeal from denial of motion to set aside the verdict dismissed, without costs. Present — Lazansky, P. J., Johnston, Adel, Taylor and Close, JJ.

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Bluebook (online)

263 A.D. 851, 31 N.Y.S.2d 716, 1941 N.Y. App. Div. LEXIS 5261, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-brooklyn-queens-transit-corp-nyappdiv-1941.