Winegar v. Chalupeit

Appellate Division of the Supreme Court of New York

Winegar v. Chalupeit

256 A.D. 1054, 10 N.Y.S.2d 887, 1939 N.Y. App. Div. LEXIS 6040

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

DecidedMarch 22, 1939

StatusPublished

This text of 256 A.D. 1054 (Winegar v. Chalupeit) 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

Winegar v. Chalupeit, 256 A.D. 1054, 10 N.Y.S.2d 887, 1939 N.Y. App. Div. LEXIS 6040 (N.Y. Ct. App. 1939).

Pincite

Opinion

Judgments reversed on the facts and a new trial granted, with costs to the appellant to abide the event, upon the ground that the finding of negligence on the part of the driver of the appellant’s car was against the weight of the evidence considering the open character of the crossing, the slow sign on the intersecting road, and the statutory right of way in favor of the car of the appellant. All concur. (One judgment is for plaintiff and the other judgment modifies the first judgment by reducing the amount of plaintiff’s recovery, in an automobile negligence action.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Taylor, JJ. [See, also. 252 App. Div. 720.]

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Judgments reversed on the facts and a new trial granted, with costs to the appellant to abide the event, upon the ground that the finding of negligence on the part of the driver of the appellant’s car was against the weight of the evidence considering the open character of the crossing, the slow sign on the intersecting road, and the statutory right of way in favor of the car of the appellant. All concur. (One judgment is for plaintiff and the other judgment modifies the first judgment by reducing the amount of plaintiff’s recovery, in an automobile negligence action.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Taylor, JJ. [See, also. 252 App. Div. 720.]

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Bluebook (online)

256 A.D. 1054, 10 N.Y.S.2d 887, 1939 N.Y. App. Div. LEXIS 6040, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winegar-v-chalupeit-nyappdiv-1939.