Stauffer v. Coca-Cola Bottling Co.

Appellate Division of the Supreme Court of New York

Stauffer v. Coca-Cola Bottling Co.

256 A.D. 898, 9 N.Y.S.2d 614

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

DecidedFebruary 3, 1939

StatusPublished

This text of 256 A.D. 898 (Stauffer v. Coca-Cola Bottling 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

Stauffer v. Coca-Cola Bottling Co., 256 A.D. 898, 9 N.Y.S.2d 614 (N.Y. Ct. App. 1939).

Pincite

Opinion

Per Curiam.

If the accident which caused plaintiff’s injury had occurred as testified by his witnesses, a cause of action would have been established. Accordingly, the judgment dismissing the complaint should be reversed. We are, however, of opinion that the verdict of the jury in favor of the plaintiff was against the weight of the evidence, which requires that there be a new trial.

The judgment should be reversed and a new trial ordered, with costs to the appellant to abide the event.

Present — Martin, P. J., O’Malley, Townley, G-lennon and Untermyer, JJ.; Martin, P. J., and Townley, J., dissent and vote to affirm.

Judgment reversed and a new trial ordered, with costs to the appellant to abide the event.

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Per Curiam.

If the accident which caused plaintiff’s injury had occurred as testified by his witnesses, a cause of action would have been established. Accordingly, the judgment dismissing the complaint should be reversed. We are, however, of opinion that the verdict of the jury in favor of the plaintiff was against the weight of the evidence, which requires that there be a new trial.

The judgment should be reversed and a new trial ordered, with costs to the appellant to abide the event.

Present — Martin, P. J., O’Malley, Townley, G-lennon and Untermyer, JJ.; Martin, P. J., and Townley, J., dissent and vote to affirm.

Judgment reversed and a new trial ordered, with costs to the appellant to abide the event.

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Bluebook (online)

256 A.D. 898, 9 N.Y.S.2d 614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stauffer-v-coca-cola-bottling-co-nyappdiv-1939.