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

Appellate Division of the Supreme Court of the State of New York·Decided March 24, 1941·Published

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.

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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261 A.D. 994 (Thompson v. Western Union Telegraph Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.