Von Hulse v. Schmiemann

221 A.D. 768
Appellate Division of the Supreme Court of the State of New York·Decided June 15, 1927·Published·Cited by 1 cases

Opinion

Judgment reversed upon the law, and new trial granted, costs to appellant to abide the event. It was error for the court to charge the jury as requested by plaintiff’s counsel at folios 687 and 688. The question of plaintiff’s contributory negligence was a close one, and the charge that the advanced age of the plaintiff might be considered in fixing what would be reasonable exercise of care on Ms part, was clearly erroneous. Kelly, P. J., Young, Kapper, Lazansky and Hagarty, JJ., concur.

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Von Hulse v. Schmiemann, 221 A.D. 768 (N.Y. Ct. App. 1927).

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Harran v. State
9 A.D.2d 31 (Appellate Division of the Supreme Court of New York, 1959)