Truesdale v. Dueger

Appellate Division of the Supreme Court of New York

Truesdale v. Dueger

3 A.D.2d 985, 162 N.Y.S.2d 957, 1957 N.Y. App. Div. LEXIS 5329

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

DecidedMay 24, 1957

StatusPublished

This text of 3 A.D.2d 985 (Truesdale v. Dueger) 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

Truesdale v. Dueger, 3 A.D.2d 985, 162 N.Y.S.2d 957, 1957 N.Y. App. Div. LEXIS 5329 (N.Y. Ct. App. 1957).

Pincite

Opinion

Judgment reversed on the law and facts and a new trial granted with costs to the appellant to abide the event. Memorandum: The trial court improperly limited the issues presented by the pleadings in this action and, in our opinion, thereby deprived the plaintiff of a fair trial. All concur, except McCurn, P. J., and Williams, J., who dissent and vote for affirmance. (Appeal from a judgment of Niagara Trial Term for defendant for no cause of action, in an action for damages for personal injuries alleged to have been sustained by plaintiff by reason of negligent operation of a motor boat.) Present — MeCurn, P. J., Vaughan, Williams, Bastow and Goldman, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment reversed on the law and facts and a new trial granted with costs to the appellant to abide the event. Memorandum: The trial court improperly limited the issues presented by the pleadings in this action and, in our opinion, thereby deprived the plaintiff of a fair trial. All concur, except McCurn, P. J., and Williams, J., who dissent and vote for affirmance. (Appeal from a judgment of Niagara Trial Term for defendant for no cause of action, in an action for damages for personal injuries alleged to have been sustained by plaintiff by reason of negligent operation of a motor boat.) Present — MeCurn, P. J., Vaughan, Williams, Bastow and Goldman, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

3 A.D.2d 985, 162 N.Y.S.2d 957, 1957 N.Y. App. Div. LEXIS 5329, Counsel Stack Legal Research, https://law.counselstack.com/opinion/truesdale-v-dueger-nyappdiv-1957.