Stern v. Hall

Appellate Terms of the Supreme Court of New York

Stern v. Hall

142 N.Y.S. 477

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 24, 1913

StatusPublished

This text of 142 N.Y.S. 477 (Stern v. Hall) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stern v. Hall, 142 N.Y.S. 477 (N.Y. Ct. App. 1913).

Pincite

Opinion

PER CURIAM.

At the close of the plaintiff’s case the complaint was dismissed, upon the ground that the plaintiff was chargeable with contributory negligence. Upon the record we are of opinion that the question of contributory negligence should have been submitted to the jury. The plaintiff certainly was not chargeable with contributory negligence as a matter of law, and it is doubtful whether he was as a matter of fact.

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

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PER CURIAM.

At the close of the plaintiff’s case the complaint was dismissed, upon the ground that the plaintiff was chargeable with contributory negligence. Upon the record we are of opinion that the question of contributory negligence should have been submitted to the jury. The plaintiff certainly was not chargeable with contributory negligence as a matter of law, and it is doubtful whether he was as a matter of fact.

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

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Bluebook (online)

142 N.Y.S. 477, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stern-v-hall-nyappterm-1913.