Smith v. Brooklyn & Queens Transit Corp.

Appellate Division of the Supreme Court of New York

Smith v. Brooklyn & Queens Transit Corp.

267 A.D. 997, 48 N.Y.S.2d 229, 1944 N.Y. App. Div. LEXIS 5988

Appellate Division of the Supreme Court of the State of New York·Decided May 15, 1944·Published

Opinion

Action to recover damages for personal injuries sustained as the result of the alleged negligence of the defendant in prematurely closing the doors of its trolley car as plaintiff was alighting. Judgment reversed on the law and a new trial granted, with costs to appellant to abide the event. The court erroneously directed a verdict for the defendant. Plaintiff's evidence established a prima facie case, which was not destroyed by contradictions in her testimony. Close, P. J., Hagarty, Adel, pewis and Aldrich, JJ., concur.

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Action to recover damages for personal injuries sustained as the result of the alleged negligence of the defendant in prematurely closing the doors of its trolley car as plaintiff was alighting. Judgment reversed on the law and a new trial granted, with costs to appellant to abide the event. The court erroneously directed a verdict for the defendant. Plaintiff's evidence established a prima facie case, which was not destroyed by contradictions in her testimony. Close, P. J., Hagarty, Adel, pewis and Aldrich, JJ., concur.

Smith v. Brooklyn & Queens Transit Corp., 267 A.D. 997, 48 N.Y.S.2d 229, 1944 N.Y. App. Div. LEXIS 5988 (N.Y. Ct. App. 1944).

Pincite

267 A.D. 997 (Smith v. Brooklyn & Queens Transit Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.