Thompson v. Western Union Telegraph Co.

Appellate Division of the Supreme Court of New York

Thompson v. Western Union Telegraph Co.

261 A.D. 994, 26 N.Y.S.2d 433, 1941 N.Y. App. Div. LEXIS 8483

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

DecidedMarch 24, 1941

StatusPublished

This text of 261 A.D. 994 (Thompson v. Western Union Telegraph 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

Thompson v. Western Union Telegraph Co., 261 A.D. 994, 26 N.Y.S.2d 433, 1941 N.Y. App. Div. LEXIS 8483 (N.Y. Ct. App. 1941).

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Opinion

In an action to recover damages for the death of the plaintiff’s intestate, an infant, who was struck by a bicycle ridden by the defendant’s employee, judgment was rendered in favor of the defendant on the merits, after trial by the court without a jury. Judgment reversed on the facts and a [995]*995new trial granted, with costs to appellant to abide the event. The finding of the trial court that plaintiff failed to establish negligence on the part of the respondent is against the weight of the evidence. Lazansky, P. J., Carswell and Johnston, JJ., concur; Hagarty and Adel, JJ., dissent and vote to affirm.

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In an action to recover damages for the death of the plaintiff’s intestate, an infant, who was struck by a bicycle ridden by the defendant’s employee, judgment was rendered in favor of the defendant on the merits, after trial by the court without a jury. Judgment reversed on the facts and a [995]*995new trial granted, with costs to appellant to abide the event. The finding of the trial court that plaintiff failed to establish negligence on the part of the respondent is against the weight of the evidence. Lazansky, P. J., Carswell and Johnston, JJ., concur; Hagarty and Adel, JJ., dissent and vote to affirm.

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Bluebook (online)

261 A.D. 994, 26 N.Y.S.2d 433, 1941 N.Y. App. Div. LEXIS 8483, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-western-union-telegraph-co-nyappdiv-1941.