Smith v. State

Appellate Division of the Supreme Court of New York

Smith v. State

241 A.D. 656

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

DecidedJanuary 15, 1934

StatusPublished

Cited by1 cases

This text of 241 A.D. 656 (Smith v. State) 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. State, 241 A.D. 656 (N.Y. Ct. App. 1934).

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Opinion

Judgment reversed on the facts and a new trial granted, with costs to the appellant to abide the event, on the ground that the finding that the State’s employee, Archie Kelsey, was free from negligence causing the accident which resulted in the death of Gertrude D. Smith, claimant’s intestate, was against the weight of evidence. We are ordering a new trial as the Court of Claims made no finding as to the care or lack of care of the claimant’s intestate and made no assessment of the damages. All concur. [148 Misc. 524.]

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Judgment reversed on the facts and a new trial granted, with costs to the appellant to abide the event, on the ground that the finding that the State’s employee, Archie Kelsey, was free from negligence causing the accident which resulted in the death of Gertrude D. Smith, claimant’s intestate, was against the weight of evidence. We are ordering a new trial as the Court of Claims made no finding as to the care or lack of care of the claimant’s intestate and made no assessment of the damages. All concur. [148 Misc. 524.]

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Bluebook (online)

241 A.D. 656, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-state-nyappdiv-1934.

Opinion

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