Stevens v. Fraboni

Appellate Division of the Supreme Court of New York

Stevens v. Fraboni

262 A.D. 1056, 30 N.Y.S.2d 253, 1941 N.Y. App. Div. LEXIS 7200

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

DecidedOctober 1, 1941

StatusPublished

This text of 262 A.D. 1056 (Stevens v. Fraboni) 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

Stevens v. Fraboni, 262 A.D. 1056, 30 N.Y.S.2d 253, 1941 N.Y. App. Div. LEXIS 7200 (N.Y. Ct. App. 1941).

Pincite

Opinion

Plaintiff has recovered a judgment for personal injuries claimed to have arisen when the automobile in which he was driving was struck by defendants’ automobile. The collision occurred at a street comer in Montour Falls, N. Y. No evidence was offered by defendants. Plaintiff’s testimony shows that he was driving easterly on Second street; and when he approached Owego street, a north and south street, he stopped, looked both to the north and south and saw no car approaching. That he then started his automobile and when he had so far crossed Owego street that his front wheels were beyond its easterly curb he was struck by defendants’ car. The claimed negligence of each of the parties was a question of fact. The jury could and did find for the plaintiff. Judgment and order unanimously affirmed, with costs. Present — Hill, P. J., Bliss, Heffernan, Sehenek and Foster, JJ.

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Plaintiff has recovered a judgment for personal injuries claimed to have arisen when the automobile in which he was driving was struck by defendants’ automobile. The collision occurred at a street comer in Montour Falls, N. Y. No evidence was offered by defendants. Plaintiff’s testimony shows that he was driving easterly on Second street; and when he approached Owego street, a north and south street, he stopped, looked both to the north and south and saw no car approaching. That he then started his automobile and when he had so far crossed Owego street that his front wheels were beyond its easterly curb he was struck by defendants’ car. The claimed negligence of each of the parties was a question of fact. The jury could and did find for the plaintiff. Judgment and order unanimously affirmed, with costs. Present — Hill, P. J., Bliss, Heffernan, Sehenek and Foster, JJ.

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Bluebook (online)

262 A.D. 1056, 30 N.Y.S.2d 253, 1941 N.Y. App. Div. LEXIS 7200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stevens-v-fraboni-nyappdiv-1941.