Villanacci v. Harding

Appellate Division of the Supreme Court of New York

Villanacci v. Harding

263 A.D. 804, 31 N.Y.S.2d 1023, 1941 N.Y. App. Div. LEXIS 5038

Appellate Division of the Supreme Court of the State of New York·Decided December 12, 1941·Published

Opinion

It cannot be determined from the record that plaintiffs intestate was guilty of contributory negligence as matter of law. Therefore, the complaint should not have been dismissed. However, we are of the opinion that the verdict was against the weight of the credible evidence and, consequently, the judgment and order should be reversed and a new trial ordered, with costs to the appellant to abide the event. Judgment and order unanimously reversed and a new trial ordered, with costs to the appellant to abide the event. Present —■ Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.

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It cannot be determined from the record that plaintiffs intestate was guilty of contributory negligence as matter of law. Therefore, the complaint should not have been dismissed. However, we are of the opinion that the verdict was against the weight of the credible evidence and, consequently, the judgment and order should be reversed and a new trial ordered, with costs to the appellant to abide the event. Judgment and order unanimously reversed and a new trial ordered, with costs to the appellant to abide the event. Present —■ Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.

Villanacci v. Harding, 263 A.D. 804, 31 N.Y.S.2d 1023, 1941 N.Y. App. Div. LEXIS 5038 (N.Y. Ct. App. 1941).

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