Weyrauch v. Linkletter

Appellate Division of the Supreme Court of New York

Weyrauch v. Linkletter

255 A.D. 746, 6 N.Y.S.2d 874, 1938 N.Y. App. Div. LEXIS 4986

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

DecidedSeptember 28, 1938

StatusPublished

This text of 255 A.D. 746 (Weyrauch v. Linkletter) 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

Weyrauch v. Linkletter, 255 A.D. 746, 6 N.Y.S.2d 874, 1938 N.Y. App. Div. LEXIS 4986 (N.Y. Ct. App. 1938).

Pincite

Opinion

Appeal from a judgment of the Supreme Court on the verdict of a jury, entered in Sullivan county on April 1,1938, and from an order denying a motion for a new trial. The defendant was an employee of the State and was driving a highway truck from which cinders were being scattered on the surface of the highway to overcome the slippery condition at curves and on hills, caused by snow and ice. The truck was proceeding slowly so as to permit the work to be accomplished by men using shovels. The plaintiff was a passenger in a pleasure car going in the same direction at a rate of speed of twenty-five to thirty miles an hour. The front 'end of the latter car collided with the rear end of the truck. The question before the trial court was whether the truck was provided with the rear lights and reflectors required by the statute. The evidence presented a question of fact, and was sufficient to warrant the verdict of the jury. Judgment and order unanimously affirmed, with costs. Present — Hill, P. J., Rhodes, McNamee, Crapser and Heffernan, JJ.

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

Appeal from a judgment of the Supreme Court on the verdict of a jury, entered in Sullivan county on April 1,1938, and from an order denying a motion for a new trial. The defendant was an employee of the State and was driving a highway truck from which cinders were being scattered on the surface of the highway to overcome the slippery condition at curves and on hills, caused by snow and ice. The truck was proceeding slowly so as to permit the work to be accomplished by men using shovels. The plaintiff was a passenger in a pleasure car going in the same direction at a rate of speed of twenty-five to thirty miles an hour. The front 'end of the latter car collided with the rear end of the truck. The question before the trial court was whether the truck was provided with the rear lights and reflectors required by the statute. The evidence presented a question of fact, and was sufficient to warrant the verdict of the jury. Judgment and order unanimously affirmed, with costs. Present — Hill, P. J., Rhodes, McNamee, Crapser and Heffernan, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

255 A.D. 746, 6 N.Y.S.2d 874, 1938 N.Y. App. Div. LEXIS 4986, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weyrauch-v-linkletter-nyappdiv-1938.