Toohey v. Brooklyn & Queens Transit Corp.

Appellate Division of the Supreme Court of New York

Toohey v. Brooklyn & Queens Transit Corp.

248 A.D. 894, 290 N.Y.S. 487, 1936 N.Y. App. Div. LEXIS 7981

Appellate Division of the Supreme Court of the State of New York·Decided October 16, 1936·Published

Opinion

In a negligence action, order directing a jury trial reversed on the law, with ten dollars costs and disbursements, and plaintiffs’ motion denied, with ten dollars costs. In our opinion, the court was without power to direct a jury trial to aid it in the determination of the issues raised in the action where such jury trial had been waived by the parties. (Civ. Prac. Act, § 426.) Lazansky, P. J., Young, Hagarty, Adel and Taylor, JJ., concur.

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In a negligence action, order directing a jury trial reversed on the law, with ten dollars costs and disbursements, and plaintiffs’ motion denied, with ten dollars costs. In our opinion, the court was without power to direct a jury trial to aid it in the determination of the issues raised in the action where such jury trial had been waived by the parties. (Civ. Prac. Act, § 426.) Lazansky, P. J., Young, Hagarty, Adel and Taylor, JJ., concur.

Toohey v. Brooklyn & Queens Transit Corp., 248 A.D. 894, 290 N.Y.S. 487, 1936 N.Y. App. Div. LEXIS 7981 (N.Y. Ct. App. 1936).

Pincite

248 A.D. 894 (Toohey v. Brooklyn & Queens Transit Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.