Toomey v. Western Union Telegraph Co.

Appellate Division of the Supreme Court of New York

Toomey v. Western Union Telegraph Co.

254 A.D. 822, 5 N.Y.S.2d 186, 1938 N.Y. App. Div. LEXIS 7775

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

DecidedMay 25, 1938

StatusPublished

This text of 254 A.D. 822 (Toomey 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

Toomey v. Western Union Telegraph Co., 254 A.D. 822, 5 N.Y.S.2d 186, 1938 N.Y. App. Div. LEXIS 7775 (N.Y. Ct. App. 1938).

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Opinion

Judgment and order affirmed, with costs. All concur, except Lewis, J., who dissents and votes for reversal on the facts and for granting a new trial on the ground that the finding as to defendant’s negligence is against the weight of credible evidence. (The judgment awards damages for personal injuries sustained by reason of an automobile striking the stump of a pole adjacent to a public highway. The order denies a motion for a new trial.) Present — Crosby, Lewis, Cunningham and Taylor, JJ.

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Judgment and order affirmed, with costs. All concur, except Lewis, J., who dissents and votes for reversal on the facts and for granting a new trial on the ground that the finding as to defendant’s negligence is against the weight of credible evidence. (The judgment awards damages for personal injuries sustained by reason of an automobile striking the stump of a pole adjacent to a public highway. The order denies a motion for a new trial.) Present — Crosby, Lewis, Cunningham and Taylor, JJ.

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Bluebook (online)

254 A.D. 822, 5 N.Y.S.2d 186, 1938 N.Y. App. Div. LEXIS 7775, Counsel Stack Legal Research, https://law.counselstack.com/opinion/toomey-v-western-union-telegraph-co-nyappdiv-1938.