Snipes v. McQuade

Appellate Division of the Supreme Court of New York

Snipes v. McQuade

42 A.D.2d 589, 344 N.Y.S.2d 517, 1973 N.Y. App. Div. LEXIS 4220

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

DecidedJune 11, 1973

StatusPublished

This text of 42 A.D.2d 589 (Snipes v. McQuade) 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

Snipes v. McQuade, 42 A.D.2d 589, 344 N.Y.S.2d 517, 1973 N.Y. App. Div. LEXIS 4220 (N.Y. Ct. App. 1973).

Pincite

Opinion

In a negligence action to recover damages for wrongful death and conscious pain and suffering of plaintiff’s intestate and for personal and property injuries sustained by plaintiff, plaintiff appeals from a judgment of the Supreme Court, Kings County, entered November 2, 1970, in favor of defendants, upon a jury verdict, after a trial on the issue of liability. Judgment reversed, on the law ■and in the interests of justice, and new trial granted, with costs to abide the event. The appeal did not present questions of fact. In our opinion, the trial court committed reversible error in instructing the jury that, if they found that the Snipes automobile was on the roadway and not on the shoulder when ■ the accident happened, their verdict must be for defendants (cf. Bossman v. La Grega, 28 N Y 2d 300, 308-309). We think a question of fact remained for the jury on the issue of contributory negligence even though they found the Snipes car to have been on the roadway (Waterfall v. Taylor, 35 A D 2d 619). Hopkins, Acting P. J., Munder, Martuscello, Gulotta and Brennan, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a negligence action to recover damages for wrongful death and conscious pain and suffering of plaintiff’s intestate and for personal and property injuries sustained by plaintiff, plaintiff appeals from a judgment of the Supreme Court, Kings County, entered November 2, 1970, in favor of defendants, upon a jury verdict, after a trial on the issue of liability. Judgment reversed, on the law ■and in the interests of justice, and new trial granted, with costs to abide the event. The appeal did not present questions of fact. In our opinion, the trial court committed reversible error in instructing the jury that, if they found that the Snipes automobile was on the roadway and not on the shoulder when ■ the accident happened, their verdict must be for defendants (cf. Bossman v. La Grega, 28 N Y 2d 300, 308-309). We think a question of fact remained for the jury on the issue of contributory negligence even though they found the Snipes car to have been on the roadway (Waterfall v. Taylor, 35 A D 2d 619). Hopkins, Acting P. J., Munder, Martuscello, Gulotta and Brennan, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

42 A.D.2d 589, 344 N.Y.S.2d 517, 1973 N.Y. App. Div. LEXIS 4220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/snipes-v-mcquade-nyappdiv-1973.