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

Appellate Division of the Supreme Court of the State of New York·Decided May 25, 1938·Published

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.

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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254 A.D. 822 (Toomey v. Western Union Telegraph Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.